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Articles 5011 - 5040 of 5949
Full-Text Articles in Evidence
The Theory Of Criminal Discovery And The Practice Of Criminal Law, David W. Louisell
The Theory Of Criminal Discovery And The Practice Of Criminal Law, David W. Louisell
Vanderbilt Law Review
To crystallize in a few words the motif of a career as varied and comprehensive as that of Eddie Morgan would in any event be difficult, but it is doubly so for a life devoted, as his has been, to stuff as vital and dynamic as procedure and evidence. For me, his work most fundamentally is to be characterized as a quest for greater rationality in the adjudicative process. Whether one thinks of his analysis of the hearsay rule,' or his rationale of the admissions exception to it, or his treatment of the dead man's statute, or his study of …
Evidence--Burden Of Proof--Presumption Of Innocence, Esdel Beane Yost
Evidence--Burden Of Proof--Presumption Of Innocence, Esdel Beane Yost
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, Nick George Zegrea
Abstracts Of Recent Cases, Nick George Zegrea
West Virginia Law Review
No abstract provided.
The Mysteries Of Virginia's Res Gestae Rule, James W. Payne, Jr.
The Mysteries Of Virginia's Res Gestae Rule, James W. Payne, Jr.
Washington and Lee Law Review
No abstract provided.
Privilege Against Compelled Adverse Testimony By A Spouse
Privilege Against Compelled Adverse Testimony By A Spouse
Washington and Lee Law Review
No abstract provided.
Evidence: Admission Of Agent's Declarations To Prove Course Of Employment
Evidence: Admission Of Agent's Declarations To Prove Course Of Employment
Washington and Lee Law Review
No abstract provided.
Recent Federal Case, Robert Baronsky
Recent Federal Case, Robert Baronsky
Washington Law Review
Covers wiretapped evidence—suit in federal court to enjoin testimony in state proceeding.
Evidence--Attorney-Client Privilege -- Identiy Of Client Held Privileged, Michael M. Hughes
Evidence--Attorney-Client Privilege -- Identiy Of Client Held Privileged, Michael M. Hughes
Michigan Law Review
Petitioner attorney was retained by an organization of fruit merchants to investigate parking conditions on the New York piers which prevented its members from attending the daily fruit auctions, and to take steps to remedy this situation. During his investigations petitioner learned from one of his employers that two local politicians were being paid to allow certain large trailer trucks to continue parking illegally on the piers. The attorney reported this information to city officials. He was subsequently subpoenaed to testify on the matter before respondent, New York City Commissioner of Investigation, who was conducting an inquiry into waterfront conditions. …
Proof Of The Corpus Delicti By Circumstantial Evidence Where The Body Is Never Found, John George Van Meter
Proof Of The Corpus Delicti By Circumstantial Evidence Where The Body Is Never Found, John George Van Meter
West Virginia Law Review
No abstract provided.
The Identity Of The Client—A Privileged Communication?, William Schulz
The Identity Of The Client—A Privileged Communication?, William Schulz
Buffalo Law Review
Baird v. Koerner, 279 F.2d 623 (9th Cir. 1960).
Unreasonable Searches And Seizures And The Admissibility Of Evidence In Maryland - Mapp V. Ohio, John Michener
Unreasonable Searches And Seizures And The Admissibility Of Evidence In Maryland - Mapp V. Ohio, John Michener
Maryland Law Review
No abstract provided.
Depositions For Discovery: The New Virginia Rule, J. Westwood Smithers
Depositions For Discovery: The New Virginia Rule, J. Westwood Smithers
University of Richmond Law Review
Important amendments to its Rules, effective April 1, 1961, were recently adopted by the Supreme Court of Appeals of Virginia. Perhaps the change of most interest to trial lawyers was the revision of Rule 3:23 relating to D'epositions and Discovery in Actions at Law.
Judicial Note And Indisputables, Ralph Slovenko
Judicial Note And Indisputables, Ralph Slovenko
Cleveland State Law Review
Under the adversary system of trying cases, the litigant and not the trier is responsible for gathering and presenting the evidence. However, under the doctrine of judicial notice, the tribunal accepts the existence of certain evidence without the necessity of a party offering formal proof.
Illegally Obtained Evidence, Norman B. Miller
Illegally Obtained Evidence, Norman B. Miller
Cleveland State Law Review
In this case the Supreme Court of the United States in a five to three decision revised its earlier thinking on the problem of evidence illegally obtained by State police officers in a State criminal case and held that evidence obtained through an illegal search and seizure is inadmissible in a state criminal trial even though the illegal means was used by other than Federal law enforcement officers. The author's original reaction to the decision was one of regret in that the court had decided this case when the precise issue on which it turned had been neither adequately argued …
Two Suggested Reforms In Ohio's Discovery Procedure, Frank Seth Hurd
Two Suggested Reforms In Ohio's Discovery Procedure, Frank Seth Hurd
Cleveland State Law Review
Attorney's will agree that an injustice occurs whenever one party prevails in a court of law and another's rights are defeated but for knowledge of the relevant facts. Further, most will agree that some such injustice is inevitable in any judicial system, all such systems being subject to some degree of error. No one can deny the professional responsibility of all attorneys to work actively toward the reduction of such error. As numerous commentators have pointed out, injustice may also result from delay. It is equally the responsibility of the Bar to work toward the alleviation of that source of …
Presumptions: Phenomena On The Periphery, E. F. Roberts
Presumptions: Phenomena On The Periphery, E. F. Roberts
Cornell Law Faculty Publications
In examining the law of evidence relative to the functions served by the device called “rebuttable presumption,” two classes of cases constantly tantalize the analyst and irritate the purist. The first concerns those instances where courts which regularly pay homage at the altar of Thayer suddenly and inexplicably send the question whether a presumption has been rebutted to the trier of fact. The second involves those courts which insist that, while the presumption mechanism does not shift the risk of non-persuasion to the opponent, the question whether the presumption has been rebutted always and quite properly ought to be decided …
Personal Injury Damage Arguments, James W. Payne Jr.
Personal Injury Damage Arguments, James W. Payne Jr.
University of Richmond Law Review
This brief comment deals only with one facet of Certified T. V. & Appliance Co., Inc. v. Harrington. The plaintiff brought an action for personal injuries.
Evidence In Cuyahoga County Juvenile Court, Elaine J. Columbro
Evidence In Cuyahoga County Juvenile Court, Elaine J. Columbro
Cleveland State Law Review
Most persons are aware that Juvenile Court proceedings are informal in character. The accused often appears without counsel, and often admits to participation in the violation. In spite of this, however, the Court must still operate on well laid principles of law. The Court must adhere to rules of evidence applicable to the type of case being heard, and the allegations must be proved. The Court handles various types of cases and therefore much confusion arises over what rules of evidence are applicable in each instance.
Constitutional Law - Persons Entitled To Raise Constitutional Questions - Standing To Suppress Evidence Obtained In Violation Of The Fourth Amendment, William R. Nicholas
Constitutional Law - Persons Entitled To Raise Constitutional Questions - Standing To Suppress Evidence Obtained In Violation Of The Fourth Amendment, William R. Nicholas
Michigan Law Review
Federal officers arrested petitioner upon finding narcotics in an awning outside the window of E's apartment which petitioner was using as "a friend" of E. Charged with possession of contraband narcotics, petitioner moved to suppress the evidence claiming the warrant to search the apartment was issued to the officers without probable cause. The district court denied petitioner's motion on the ground that he lacked standing to make it. At trial a renewed motion to suppress was denied, and on appeal the Court of Appeals for the District of Columbia affirmed the ruling of the district court. On certiorari …
Labor Law - Arbitration - Restriction Of Judicial Intervention Into The Arbitration Process, James J. White
Labor Law - Arbitration - Restriction Of Judicial Intervention Into The Arbitration Process, James J. White
Michigan Law Review
Respondent company laid off a number of employees as a result of its decision to contract out maintenance work formerly done in the company shop. After the grievance procedure failed to resolve petitioner union's claim that this violated the contract provision against lockouts, and the company refused the union's request for arbitration, the union sought specific performance of the promise to arbitrate contained in the collective bargaining contract. In dismissing the plea, the district court found that contracting out work was solely a function of management and therefore not arbitrable because the contract specifically excluded from arbitration "matters which are …
The Effect Of The Dead Man's Statute On The Testimony Of A Party-Witness - Ridgley V. Beatty, Herbert J. Belgrad
The Effect Of The Dead Man's Statute On The Testimony Of A Party-Witness - Ridgley V. Beatty, Herbert J. Belgrad
Maryland Law Review
No abstract provided.
Constitutional Law--Criminal Law--Evidence--Searches And Seizures--Silver Platter Doctrine Abolished, Esdel Beane Yost
Constitutional Law--Criminal Law--Evidence--Searches And Seizures--Silver Platter Doctrine Abolished, Esdel Beane Yost
West Virginia Law Review
No abstract provided.
Evidence--Past Recollection Recorded--Present Recollection Revived, John George Van Meter
Evidence--Past Recollection Recorded--Present Recollection Revived, John George Van Meter
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, Aaron David Trub
Abstracts Of Recent Cases, Aaron David Trub
West Virginia Law Review
No abstract provided.
Constitutional Law- Due Process- Conviction Without Evidence Of Guilt, Donald A. Slichter
Constitutional Law- Due Process- Conviction Without Evidence Of Guilt, Donald A. Slichter
Michigan Law Review
Petitioner was convicted in the Police Court of Louisville, Kentucky, of two offenses. After seeing petitioner "dancing by himself" on the dance floor, the police charged him with loitering; when he became argumentative about this arrest, he was also charged with disorderly conduct. Although he protested that he had come into the restaurant where he was arrested to "wait on a bus" and have a meal, he was nevertheless taken into custody. At the trial the arresting officer testified that the manager had told him that petitioner had been there "a little over a half hour and that he had …
Negligence - Res Ipsa Loquitur - Doctine Applied Although Damage Causing Instrumentality Within The Exclusive Control Of Defendant At The Time Of The Damage, Kenneth Laing Jr.
Negligence - Res Ipsa Loquitur - Doctine Applied Although Damage Causing Instrumentality Within The Exclusive Control Of Defendant At The Time Of The Damage, Kenneth Laing Jr.
Michigan Law Review
Seven months after defendant had installed a washbowl in a bathroom in plaintiff's house, the house was damaged by water when one of the pipes became disconnected from a faucet. During the two weeks immediately prior to the damage the house was unoccupied, but inspections were made every two or three days by plaintiff's employee. Plaintiff sued defendant to recover for the damage caused by defendant's alleged negligence in connecting the water pipe to the washbowl. In a trial to the court, the evidence tended to eliminate other possible causes of the disconnection, such as rough use or manufacturing fault. …
Evidence—Admissibility Of Prior Plea Of Guilty To Traffic Infraction In Subsequent Civil Action, Buffalo Law Review
Evidence—Admissibility Of Prior Plea Of Guilty To Traffic Infraction In Subsequent Civil Action, Buffalo Law Review
Buffalo Law Review
Ando v. Woodberry, 8 N.Y.2d 165, 203 N.Y.S.2d 74 (1960).
Evidence—Revocation Of Operator's License, Buffalo Law Review
Evidence—Revocation Of Operator's License, Buffalo Law Review
Buffalo Law Review
Sullivan v. Kelly., 7 N.Y.2d 462, 199 N.Y.S.2d 481 (1960).
Evidence—Alleging Prior Convictions In The Indictment, Buffalo Law Review
Evidence—Alleging Prior Convictions In The Indictment, Buffalo Law Review
Buffalo Law Review
People v. Johnson, 8 N.Y.2d 183, 203 N.Y.S.2d 809 (1960).
Evidence—Exception To Rule Making Evidence Of Witness's Invocation Of Right Against Self-Incrimination Inadmissible, Buffalo Law Review
Evidence—Exception To Rule Making Evidence Of Witness's Invocation Of Right Against Self-Incrimination Inadmissible, Buffalo Law Review
Buffalo Law Review
People v. Ashby, 8 N.Y.2d 238, 203 N.Y.S.2d 854 (1960).