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Articles 4801 - 4830 of 5950
Full-Text Articles in Evidence
Law And Psychology In Conflict, By James Marshall
Law And Psychology In Conflict, By James Marshall
Washington and Lee Law Review
No abstract provided.
Criminal Procedure—Indictment—Evidence Inadmissible At Trial Is Inadmissible In Grand Jury Proceedings, Michael Nelson
Criminal Procedure—Indictment—Evidence Inadmissible At Trial Is Inadmissible In Grand Jury Proceedings, Michael Nelson
Buffalo Law Review
West v. United States, 359 F.2d 50 (8th Cir.), cert. denied mem., 87 Sup. Ct. 131 (1966).
Motions Testing The Sufficiency Of Evidence, Philip A. Trautman
Motions Testing The Sufficiency Of Evidence, Philip A. Trautman
Washington Law Review
Professor Trautman, long a student of Washington's adjective law, analyzes and compares the various motions a Washington attorney may invoke to challenge the sufficiency of an opponent's evidence during and after trial. In comparing the motion for new trial on evidentiary grounds and the motion for judgment n.o.v., he notes and deplores the recent decisions which have made the tests for the two motions identical. Prior to this change, the trial judge could weigh all the evidence and in his discretion grant a new trial if the evidence preponderated against the jury's verdict. Today, he may only determine whether, as …
Motions Testing The Sufficiency Of Evidence, Philip A. Trautman
Motions Testing The Sufficiency Of Evidence, Philip A. Trautman
Washington Law Review
Professor Trautman, long a student of Washington's adjective law, analyzes and compares the various motions a Washington attorney may invoke to challenge the sufficiency of an opponent's evidence during and after trial. In comparing the motion for new trial on evidentiary grounds and the motion for judgment n.o.v., he notes and deplores the recent decisions which have made the tests for the two motions identical. Prior to this change, the trial judge could weigh all the evidence and in his discretion grant a new trial if the evidence preponderated against the jury's verdict. Today, he may only determine whether, as …
A Plea For A Uniform Parole Evidence Rule And Principles Of Contract Interpretation, John D. Calamari, Joseph M. Perillo
A Plea For A Uniform Parole Evidence Rule And Principles Of Contract Interpretation, John D. Calamari, Joseph M. Perillo
Indiana Law Journal
No abstract provided.
An Evaluation Of The Rule Of Comparative Damages, Bruce D. Drucker
An Evaluation Of The Rule Of Comparative Damages, Bruce D. Drucker
Buffalo Law Review
No abstract provided.
Reevaluation Of The Dead Man's Statute, Ronald R. Brown
Reevaluation Of The Dead Man's Statute, Ronald R. Brown
West Virginia Law Review
No abstract provided.
Waiver Of The Physician-Patient Privilege
Waiver Of The Physician-Patient Privilege
Washington and Lee Law Review
No abstract provided.
Reformation And The Parol Evidence Rule, George E. Palmer
Reformation And The Parol Evidence Rule, George E. Palmer
Michigan Law Review
The parol evidence rule of itself is never an obstacle to reformation, provided there is satisfactory evidence of a mistake in integration. If the parties intend to express the terms of a transaction in a writing, which is then to be looked to as the sole repository of those terms, the longstanding tradition of the law courts, described as the parol evidence rule, has been that the writing is controlling. If through mistake the writing failed to express correctly what the parties meant to express, the law courts still regarded the written word as decisive, but it has been recognized …
Evidence--Medical Malpractice--Expert Testimony Of Defendant Physician When Called As Adverse Witness, K. Paul Davis
Evidence--Medical Malpractice--Expert Testimony Of Defendant Physician When Called As Adverse Witness, K. Paul Davis
West Virginia Law Review
No abstract provided.
Family Law—Application Of The Rules Against Search And Seizure To Juvenile Delinquency Proceedings, Alan Eber
Family Law—Application Of The Rules Against Search And Seizure To Juvenile Delinquency Proceedings, Alan Eber
Buffalo Law Review
Matter of Williams, 49 Misc. 2d 154, 267 N.Y.S.2d 91 (Ulster County Family Ct. 1966).
Insurance Law—Physical Contact Requirement Of Mvaic Law Satisfied Where Hit And Run Vehicle Pushes Another Vehicle Into Claimant, Gary H. Feinberg
Insurance Law—Physical Contact Requirement Of Mvaic Law Satisfied Where Hit And Run Vehicle Pushes Another Vehicle Into Claimant, Gary H. Feinberg
Buffalo Law Review
Motor Vehicle Acc. Indemnification Corp. v. Eisenberg, 18 N.Y.2d 1, 218 N.E.2d 524, 271 N.Y.S.2d 641 (1966).
Effective Instructions To The Federal Jury In Civil Cases: A Consideration In Microcosm, George P. Smith Ii
Effective Instructions To The Federal Jury In Civil Cases: A Consideration In Microcosm, George P. Smith Ii
Scholarly Articles
One of the most intriguing topics of current conversation among today's experienced, as well as inexperienced, trial lawyers is the preparation and use of jury instructions. This interest is initiated within the law school setting, where professors teaching courses in evidence and procedure will invariably seek to impart in one lecture-or implicitly consider throughout the entire course-what they consider to be the rationale for effective and successful jury instructions. Yet it has only been recently that the federal bench has expressed itself with convincing clarity on this timely matter. Previously, unrecorded comments and ideas concerning the preparation of jury instructions …
Criminal Law-Confessions-Admission Of Illegally Obtained Confession In State Criminal Prosecution Is Harmless Error Not Requiring Reversal Of Conviction--People V. Jacobson, Michigan Law Review
Criminal Law-Confessions-Admission Of Illegally Obtained Confession In State Criminal Prosecution Is Harmless Error Not Requiring Reversal Of Conviction--People V. Jacobson, Michigan Law Review
Michigan Law Review
Defendant voluntarily admitted that he had murdered his daughter to a social worker, two ambulance attendants, and three police officers sent to investigate the incident. He continued to declare his guilt to these officers after his arrest, on the way to the police station, and at the police station where he was interrogated without the benefit of counsel although he had not waived his right to counsel. All of the confessions-approximately ten-were admitted in evidence at the defendant's trial over his objection that the two confessions obtained during the interrogation should have been excluded since he had been denied his …
Legal Basis For Precluding A Patent Examiner From Testifying
Legal Basis For Precluding A Patent Examiner From Testifying
Indiana Law Journal
No abstract provided.
The Physician As A Witness, Robert I. Zashin
The Physician As A Witness, Robert I. Zashin
Cleveland State Law Review
As a public servant the physician, being licensed to practice medicine, has certain obligations both to the state and to his profession. His primary obligation is to give aid to his patients and offer himself as a person capable of diagnosis and treatment of human ills. It is conceded by most observers that few professions require more careful preparation than that of medicine. However, a doctor's skill is not always to be found in his office. He is now often called upon to "battle" in the courts as an expert witness. In the growing interrelationship between law and medicine, the …
Police Interrogation And The Supreme Court--The Latest Round, Jerold H. Israel
Police Interrogation And The Supreme Court--The Latest Round, Jerold H. Israel
Book Chapters
My first task is to explain to some degree the nature of the problem embodied in our title. This book has been designated as "Escobedo-The Second Round." What we will be discussing is a series of cases, decided in June, 1966, the most noteworthy of which is Miranda v. Arizona [384 U.S. 436 (1966)]. In these cases, the United States Supreme Court prescribed a new set of standards governing the introduction in evidence of statements obtained from the defendant through police interrogation. Actually, to a degree these standards were not entirely new. They had been suggested, at least in part, …
The Citizen On Trial: The New Confession Rules, Yale Kamisar
The Citizen On Trial: The New Confession Rules, Yale Kamisar
Articles
Commenting on why it has taken the United States so long to apply "the privilege against self-incrimination and the right to counsel to the proceedings in the stationhouse as well as to those in the courtroom" - as the Supreme Court did in Miranda v. Arizona - this author notes that, "To a large extent this is so because here, as elsewhere, there has been a wide gap between the principles to which we aspire and the practices we actually employ."
Unconstitutionally Obtained Evidence Before The Grand Jury As A Basis For Dismissing The Indictment
Unconstitutionally Obtained Evidence Before The Grand Jury As A Basis For Dismissing The Indictment
Maryland Law Review
No abstract provided.
Preliminary Notes Toward A Study Of Judicial Notice, E. F. Roberts
Preliminary Notes Toward A Study Of Judicial Notice, E. F. Roberts
Cornell Law Faculty Publications
The author describes the common law as a "machine," with judges and lawyers as its working parts. He explains that its successful operation requires a kind of "intellectual adrenalin" in order to keep it responsive to its changing environment. This is the function of judicial notice. The author next examines the different views of judicial notice and points out that each is a reflection of the era in which it was created. He concludes that judicial notice is not a distinct doctrine like the hearsay rule, but rather is simply the art of thinking as practiced within the legal system.
Evidence—Res Ipsa Loquitur In Accidents Involving Skidding And Swerving Vehicles, David C. Horan
Evidence—Res Ipsa Loquitur In Accidents Involving Skidding And Swerving Vehicles, David C. Horan
Buffalo Law Review
Pfaffenbach v. White Plains Express Corp., 17 N.Y.2d 132, 216 N.E.2d 324, 269 N.Y.S.2d 115 (1966).
Recent Cases
University of Richmond Law Review
This is a summary of the case law from 1967.
Work Product Exception To Discovery - The New York Experience, Glenn E. Coven
Work Product Exception To Discovery - The New York Experience, Glenn E. Coven
Faculty Publications
No abstract provided.
The Smith Rule And A Party's Burden Of Coming Forward When Relying On Circumstantial Evidence, Paul A. Kiefer
The Smith Rule And A Party's Burden Of Coming Forward When Relying On Circumstantial Evidence, Paul A. Kiefer
Villanova Law Review (1956 - )
No abstract provided.
Evidence--Expert Opinion Of Speed Based On Damaged Condition Of Vehicle, Louis Sweetland Southworth Ii
Evidence--Expert Opinion Of Speed Based On Damaged Condition Of Vehicle, Louis Sweetland Southworth Ii
West Virginia Law Review
No abstract provided.
Some Observations On The Origin And Structure Of Evidence Rules Under The Common Law System And The Civil Law System Of "Free Proof" In The German Code Of Criminal Procedure, Karl H. Kunert
Buffalo Law Review
No abstract provided.
Blood Grouping Test Results: Evidential Fact Or Conclusion Of Law?
Blood Grouping Test Results: Evidential Fact Or Conclusion Of Law?
Washington and Lee Law Review
No abstract provided.
Admissibility Of Blood Sample Evidence In Civil Case, Anon
Admissibility Of Blood Sample Evidence In Civil Case, Anon
Washington Law Review
At the instigation of a police officer, a blood sample was taken from defendant Clinton as he lay hospitalized with serious injuries resulting from an automobile collision in which another person was killed. The alcohol reading of the blood sample was 0.210, well above presumptive intoxication. Plaintiff, in an action for personal injuries and wrongful death, sought to introduce defendant's blood test in evidence. The trial court, in the absence of the jury, heard conflicting testimony and concluded that the blood sample was inadmissible because taken without conscious consent. On appeal from a judgment for defendant, the court reversed and …
Abstracts Fo Recent Cases, Ellen Fairfax Warder
Abstracts Fo Recent Cases, Ellen Fairfax Warder
West Virginia Law Review
No abstract provided.
Constitutional Law - Admissibility Of Evidence - Reasonable Search And Seizure. Hawley V. Commonwealth, 206 Va. 479 (1965), Robert E. Scott
Constitutional Law - Admissibility Of Evidence - Reasonable Search And Seizure. Hawley V. Commonwealth, 206 Va. 479 (1965), Robert E. Scott
William & Mary Law Review
No abstract provided.