Evidence Commons^™

An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr.

Publications

The scope of the general definition of "relevant evidence" in the Federal Rules of Evidence is ambiguous. It is unclear whether Congress, for instance, intended that certain issues be considered legislatively determined or that those issues rest within the discretion of the courts. There is also some uncertainty over the definition's applicability to several types of evidence--particularly undisputed facts such as those that provide background information or are judicially admitted.

The Numbers Game - The Use And Misuse Of Statistics In Civil Rights Litigation, Marcy M. Hallock

Villanova Law Review (1956 - )

No abstract provided.

The Future Of Evidence Law: Or, Some Prophecies About Proof, John W. Reed

Other Publications

I am honored to participate in this seminar that is part of the celebration surrounding the dedication of Colorado's new State Judicial Building. But that feeling of honor is tempered by an awareness of the responsibility and perils of the role I have been asked to play. With the assignment, "The Future of Evidence Law," I have been asked to play the prophet, to be a seer of sorts, and to suggest what rules and principles will govern proof at trials at some date in the future. Exactly what date was not specified in the invitation-a decade, perhaps? A generation? …

Search And Seizure In Alaska: A Comprehensive Review, Jeff M. Feldman

Articles

In the eighteen years since Alaska achieved statehood, fifty-two cases involving issues of search and seizure have reached the Alaska Supreme Court. This article will analyze these cases with an eyetowards outlining the law of search and seizure in Alaska, isolating those areas in which the Alaska Supreme Court has departed from prevailing search and seizure doctrine, and using past decisions to predict the probable outcomes to search and seizure issues still unresolved in Alaska.

An Evidence Code: The American Experience, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Professor Paul Rothstien's opening address at the Conference on Current Trends in Evidence, Dalhousie University, 26th November 1976.

Rothstein discusses the American Evidence Code, the American experience with it, and compares it to a proposed Code that Canada is considering.

The Dead Man's Statute Before And After The Florida Evidence Code -- A Step In The Right Direction, Linda Jones Wells

Florida State University Law Review

No abstract provided.

Proffitt V. State, 315 So. 2d 461 (Fla. 1975), Elaine Kay Freemyer

Florida State University Law Review

Evidence- HUSBAND-WIFE PRIVILEGE- TESTIMONY OF THIRD PARTY EAVESDROPPER CONCERNING PRIVILEGED COMMUNICATION ADMISSIBLE WHERE PRIVILEGED PARTY KNOWS OR HAS REASON TO KNOW OF EAVESDROPPER'S PRESENCE.

A Party Need Not Show Prejudice Or Surprise To Impeach Its Own Witness, Robert R. Gunn Ii

Mercer Law Review

In Wilson v. State, the Supreme Court of Georgia unanimously held that a party may impeach the credibility of its own witness with that witness' prior inconsistent statement without showing that the testimony is a total surprise or affirmatively damaging to the party's case.

Bill Ray Wilson was convicted of murder and armed robbery on the basis of testimony from three prosecution witnesses. His case consisted solely of his sworn denial. The testimony of one prosecution witness was inconsistent with a previous written, sworn statement in which the witness had said Wilson had confessed to the murder in his …

Evidence, William H. Agnor

Mercer Law Review

More cases than usual concerning one or more points of evidence were decided during this survey period. Only those cases that seemed significant or of general interest have been discussed here.

'Materiality' Limits Prosecutors' Duty To Disclose Exculpatory Evidence To Defense, James K. Knight Jr.

Mercer Law Review

In United States v. Agurs, the U.S. Supreme Court held for the first time that criminal prosecutors have a constitutional duty to voluntarily disclose exculpatory evidence to a defendant even when the defense doesn't request such evidence. The Court, however, limited the scope of this new obligation by narrowly defining the category of material evidence to which it applies. It held that the duty arises only when the exculpatory evidence is so material that had it been disclosed, its use at trial would have created a reasonable doubt of the defendant's guilt that did not otherwise exist.

Respondent Agurs …

Scienter Required For Civil Liability Under Sec Rule 10b-5, William H. Buckley

Mercer Law Review

In Ernst & Ernst v. Hochfelder, the U. S. Supreme Court held that an action for civil damages cannot be maintained under §10(b) of the Securities and Exchange Act of 1934 and Securities and Exchange Commission Rule 10b-5, unless there is an allegation of the defendant's intent to deceive, manipulate or defraud. Thus, some element of scienter is required, and liability cannot be imposed for negligent conduct alone.

The suit arose following exposure of a fraudulent securities scheme perpetrated by Leston B. Nay, president and principal stockholder of First Securities Company of Chicago (First Securities), a member of the …

The Law Of Confessions - The Voluntariness Doctrine, Fredric I. Lederer

Faculty Publications

No abstract provided.

"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr.

Scholarly Works

This Article explores the admissibility of illegally obtained evidence in Georgia criminal cases prior to 1961 and during the post-Mapp era and endeavors to assess the future admissibility of illegally seized evidence in Georgia under both federal and state law.

Evidence--Attorney-Client Relationship--Client's Identity Privileged, Robert B. Lipman

Mercer Law Review

The United States Court of Appeals for the Fifth Circuit in In re Grand Jury Proceedings held that a client's identity, fee and bonding arrangements may be privileged from disclosure by his attorney to the grand jury when such protection is necessary to preserve the client's privileged motive.

Searches And Seizures In The Military Justice System, William M. Pope

Indiana Law Journal

United States Court of Military Appeals: A Review of the 1975-76 Term.

Evidence--Government Advisory Materials Exception To Hearsay Rule, Walter Prince Rowe

Mercer Law Review

In Muncie Aviation Corp. v. Party Doll Fleet, Inc. the United States Court of Appeals for the Fifth Circuit held that advisory materials promulgated by a federal agency, but not having the force and effect of law, are admissible as an exception to the hearsay rule when such materials are relevant, necessary as a matter of practical convenience, and otherwise trustworthy.

Claiming Illegal Electronic Surveillance: An Examination Of 18 U.S.C. 3504(A)(1), Margaret V. Sachs

Scholarly Works

This Comment will first discuss the making of claims under section 3504(a)(1), and will show that the statute should not be read to require that claims be accompanied by evidentiary support. It will then suggest that the statute should be read to encompass claims of attorney-third party conversations. Finally, the scope of the government's response to section 3504(a)(I) claims will be examined.

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.

Proof Of Theft Of Bailed Goods Does Not Of Itself Rebut Presumption Of Bailee's Negligence., Robert E. Corlew Iii

St. Mary's Law Journal

Abstract Forthcoming.

Testimony Of Accessory After The Fact Need Not Be Corroborated., Claude M. Mcquarrie Iii

St. Mary's Law Journal

Abstract Forthcoming.

Custody Rights Of Lesbian Mothers: Legal Theory And Litigation Strategy, Nan D. Hunter, Nancy D. Polikoff

Buffalo Law Review

No abstract provided.

Rights Warnings In The Armed Services, Fredric I. Lederer

Faculty Publications

No abstract provided.

Section 12 Of The Canada Evidence Act And The Deliberations Of Simulated Juries, Valerie P. Hans, Anthony N. Doob

Cornell Law Faculty Publications

In the past, there have been three major approaches to the experimental investigation of the jury. First, juror selection research involves the study of the relation between verdicts or leniency toward certain classes of defendants and the characteristics of potential jurors. The second class of research is group study, in which the amount and style of individual participation is observed within the context of simulated jury deliberations (e.g., Strodtbeck, James and Hawkins, 1957). Finally, experimental psychology has made another contribution to the study of the jury; numerous researchers have conducted experimental studies employing legal stimulus materials. Typically, in such a …

Ix. Evidence

Washington and Lee Law Review

No abstract provided.

Exclusion Of Depositions From The Jury Room: An Anachronism In Texas Rule 281., George H. Spencer Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Medical Data Privacy: Automated Interference With Contractual Relations, John J. Fargo

Buffalo Law Review

No abstract provided.

Technical And Scientific Evidence In Administrative Adjudication, Scott C. Whitney

Faculty Publications

No abstract provided.

The Informant And Accomplice Witness: Problems For The Prosecution, 9 J. Marshall J. Prac. & Proc. 243 (1975), Michael D. Marrs

UIC Law Review

No abstract provided.

Impeaching A Defendant's Testimony By Proof Of Post-Arrest Silence: Doyle V. Ohio, F. Ronald O'Keefe

Cleveland State Law Review

This Note will attempt to outline the genesis of the issue of impeachment by post-arrest silence by first discussing the various inquiries into the probative value of silence which had been undertaken by courts on the federal level before Hale (United States v. Hale, 422 U.S. 171 (1975)) . The focus will then shift to the Hale Court's treatment of this issue. The constitutional aspects of the issue will then be discussed, and the pronouncement of the Doyle Court (Doyle v. Ohio, 96 S. Ct. 2240 (1976)) will be analyzed with an emphasis on the continuity between the Hale and …

Bad News And Good News, John W. Reed

Articles

I have been asked to visit with you about some of my current interests in the evidence field, in which I teach. When you invite an academic lawyer to speak at your meeting, you obviously expect of him something other than the latest hot tips on trial strategy and tactics, something other than a speech entitled "Reflections on My Last Eleven Victories in Court." Others can do that for you, probably at lunch - or, even better, at cocktails with the successes more impressive and the defeats more forgivable under the influence of an ounce or two of alcohol.