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Articles 4441 - 4470 of 5951
Full-Text Articles in Evidence
The Problem Of Similar Fact Evidence, C. R. Williams
The Problem Of Similar Fact Evidence, C. R. Williams
Dalhousie Law Journal
Similar fact evidence raises in a particularly acute form the conflict between two competing principles in the law of evidence. On the one hand, the principle that evidence of high probative value ought to be admitted. On the other, the principle that in criminal trials evidence possessing a significant potential for prejudice ought, in the interests of fairness, to be excluded. The expression "similar fact evidence" is here used broadly to refer to all evidence which shows that on some other occasion the accused acted in a way more or less similar to the way in which the prosecution alleges …
Burdening The Fifth Amendment: Toward A Presumptive Barrier Theory, Mark Berger
Burdening The Fifth Amendment: Toward A Presumptive Barrier Theory, Mark Berger
Faculty Works
Judging how heavily the state may burden the decision to exercise or forego the fifth amendment privilege against self-incrimination is a concededly problematic undertaking. Nevertheless, the formulation of a standard is essential to ensure principled decision making. Unfortunately, however, the Supreme Court has thus far avoided the task. The decisions from the Warren era suggest in very broad language that any burden on the exercise of the right to remain silent is forbidden, while more recent rulings have barred only those penalties automatically imposed for assertions of the privilege. Neither extreme, however, represents a satisfactory resolution of the conflicting interests …
The Coconspirator's Statement: Evaluating Preliminary Questions Of Admissibility Under Rule 801(D)(2)(E)., William S. Sessions, Betsy Hall
The Coconspirator's Statement: Evaluating Preliminary Questions Of Admissibility Under Rule 801(D)(2)(E)., William S. Sessions, Betsy Hall
St. Mary's Law Journal
Abstract Forthcoming.
Survey Of Developments In West Virginia Law: 1978
Survey Of Developments In West Virginia Law: 1978
West Virginia Law Review
No abstract provided.
Foreword: Illinois Evidence - The Question Of Codification, John Powers Crowley Honorable
Foreword: Illinois Evidence - The Question Of Codification, John Powers Crowley Honorable
Loyola University Chicago Law Journal
No abstract provided.
Judicial Intervention In Evidence, Iris Borin Schifeling
Judicial Intervention In Evidence, Iris Borin Schifeling
Loyola University Chicago Law Journal
No abstract provided.
Present Sense Impressions: An Analysis And A Proposal, Teree E. Foster
Present Sense Impressions: An Analysis And A Proposal, Teree E. Foster
Loyola University Chicago Law Journal
No abstract provided.
The Prior Inconsistent Statement: The Illinois Law And The Art, Leroy J. Tornquist
The Prior Inconsistent Statement: The Illinois Law And The Art, Leroy J. Tornquist
Loyola University Chicago Law Journal
No abstract provided.
The Doctor As Witness: Statements For Purposes Of Medical Diagnosis Or Treatment, William H. Theis
The Doctor As Witness: Statements For Purposes Of Medical Diagnosis Or Treatment, William H. Theis
Loyola University Chicago Law Journal
No abstract provided.
Expert Testimony In Illinois, Andrew D. Eichner
Expert Testimony In Illinois, Andrew D. Eichner
Loyola University Chicago Law Journal
No abstract provided.
Privileges For Confidential Commuications In Illinois: Attorney-Client And Husband-Wife, Sara Elwood Cook
Privileges For Confidential Commuications In Illinois: Attorney-Client And Husband-Wife, Sara Elwood Cook
Loyola University Chicago Law Journal
No abstract provided.
The Psychiatrist-Patient Privilege In Illinois, Robert Herst
The Psychiatrist-Patient Privilege In Illinois, Robert Herst
Loyola University Chicago Law Journal
No abstract provided.
Residual Exception To The Hearsay Rule, David M. Weiner
Residual Exception To The Hearsay Rule, David M. Weiner
Loyola University Chicago Law Journal
No abstract provided.
Impeachment By Past Conviction: What Hath Montgomery Wrought?, Robert G. Spector
Impeachment By Past Conviction: What Hath Montgomery Wrought?, Robert G. Spector
Loyola University Chicago Law Journal
No abstract provided.
Parent-Child Privilege: Constitutional Right Or Specious Analogy?, Donald Cofer
Parent-Child Privilege: Constitutional Right Or Specious Analogy?, Donald Cofer
Seattle University Law Review
To avoid reaching incorrect verdicts as a result of insufficient evidence, courts generally require witnesses to testify to all relevant facts within their knowledge. Two important exceptions to this general rule, incompetency and privilege, rest on very different rationales. Developed at common law to exclude unreliable evidence, rules of competency disqualify certain untrustworthy witnesses from testifying. To promote extrinsic public policies, however, privileges excuse competent witnesses from providing what may be highly probative and reliable evidence. In the past decade there have been calls for legislative or judicial recognition of a parent-child privilege, similar to the marital privilege, that would …
The Psychologist As Expert Witness: Science In The Courtroom?
The Psychologist As Expert Witness: Science In The Courtroom?
Maryland Law Review
No abstract provided.
Character Evidence, Paul C. Giannelli
The Admissibility Of Evaluative Reports Under Federal Rule Of Evidence 803(8), Kimberly K. Greene
The Admissibility Of Evaluative Reports Under Federal Rule Of Evidence 803(8), Kimberly K. Greene
Kentucky Law Journal
No abstract provided.
The Utility Of Hypno-Induced Statements In The Trial Process: Reflections On People V. Smrekar, Robert G. Spector, Teree E. Foster
The Utility Of Hypno-Induced Statements In The Trial Process: Reflections On People V. Smrekar, Robert G. Spector, Teree E. Foster
Loyola University Chicago Law Journal
No abstract provided.
The Psychological Stress Evaluator: The Theory, Validity And Legal Status Of An Innovative "Lie Detector", William H. Kenety
The Psychological Stress Evaluator: The Theory, Validity And Legal Status Of An Innovative "Lie Detector", William H. Kenety
Indiana Law Journal
No abstract provided.
Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell
Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell
Cleveland State Law Review
At present inconsistent lower federal appellate court decisions governing the use of the attorney-client privilege and work-product doctrine apply to the discovery of communications between counsel and the corporate client. Because of the distinctions that have developed in the application of the corporate attorney-client privilege and work-product doctrine due to the unique factual settings in which the issues have arisen, prior case law may not be totally preempted by the Supreme Court decision in Upjohn. This article will explore some of these divergent opinions to determine the probable effect that the Court's decision in Upjohn will have upon communications between …
Probabilities And Proof: Can Hla And Blood Group Testing Prove Paternity?, David H. Kaye, Ira Mark Ellman
Probabilities And Proof: Can Hla And Blood Group Testing Prove Paternity?, David H. Kaye, Ira Mark Ellman
Faculty Scholarship
Advancing medical technology has produced tests which offer the opportunity to resolve paternity disputes with more accuracy than unaided traditional evidentiary techniques are likely to obtain. Because the biology underlying the statistical evidence in paternity cases offers a wealth of previously unavailable information which is certain to revolutionize the adjudication of paternity suits, but it is important that the courts not become so mesmerized by these new sources of evidence that they neglect to subject them to traditional principles of evidence applicable to all testimony. Additionally, for some time scholars have disagreed on the proper application of a probability formula …
"To Decide The Case At Hand": Benjamin N. Cardozo, Monrad G. Paulsen
"To Decide The Case At Hand": Benjamin N. Cardozo, Monrad G. Paulsen
Cardozo Law Review
No abstract provided.
Post-Accident Repairs And Offers Of Compromise: Shaping Exclusionary Rules To Public Policy, Ron Duplack
Post-Accident Repairs And Offers Of Compromise: Shaping Exclusionary Rules To Public Policy, Ron Duplack
Loyola University Chicago Law Journal
No abstract provided.
Extrajudicial Admissions: Review And Re-Evaluation, Craig R. Culbertson
Extrajudicial Admissions: Review And Re-Evaluation, Craig R. Culbertson
Loyola University Chicago Law Journal
No abstract provided.
Character Evidence In Illinois: Dissipating The Mist?, William R. Hogan
Character Evidence In Illinois: Dissipating The Mist?, William R. Hogan
Loyola University Chicago Law Journal
No abstract provided.
Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell
Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell
Cleveland State Law Review
At present inconsistent lower federal appellate court decisions governing the use of the attorney-client privilege and work-product doctrine apply to the discovery of communications between counsel and the corporate client. Because of the distinctions that have developed in the application of the corporate attorney-client privilege and work-product doctrine due to the unique factual settings in which the issues have arisen, prior case law may not be totally preempted by the Supreme Court decision in Upjohn. This article will explore some of these divergent opinions to determine the probable effect that the Court's decision in Upjohn will have upon communications between …
State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander
State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander
Faculty Publications
During the early 1970's, a medical malpractice crisis was perceived in the United States. An increasing number of costly and time-consuming lawsuits alleging medical malpractice against doctors, hospitals, and other health care providers caused malpractice insurers to raise premiums substantially, which in turn threatened to curtail the availability of adequate health care at reasonable cost. State legislatures responded to the crisis with a variety of substantive and procedural measures intended to reduce the number of litigated claims and the size of jury awards. One of the principal steps taken in a majority of states was the creation of extrajudicial panels …
Book Reviews, Edward S. Graves, David L. Ross
Book Reviews, Edward S. Graves, David L. Ross
University of Richmond Law Review
These are book reviews from 1979.