Evidence Commons^™

Journalist's Testimonial Privilege, Ramutis R. Semeta

Cleveland State Law Review

On numerous occasions, newsmen have pleaded for protection against testimonial compulsion as a necessary safeguard for the preservation of the freedom of the press. Due to this constant assertion, one is compelled to take a brief look at the press, before indulging in the specific study of the journalist's testimonial privilege.

Use Of Subnormal Mentality To Discredit

Indiana Law Journal

No abstract provided.

Sound Recording Devices Used As Evidence, Peter P. Roper

Cleveland State Law Review

Recordings have been offered in evidence in a wide variety of cases, including an attempted bribery of a draft board official, treasonous radio broadcasts, conspiracy to obstruct justice in a federal narcotics case, illegal short-wave radio transmissions aiding the illegal entry of Mexican nationals, disturbance to a motel by barking dogs in an adjoining pet hospital, and noises made by trains, planes, and a cement factory. Use by attorneys is virtually limitless, including the recording of discussions with clients, of library research, of depositions, and of wills.

Witness Privilege Against Self-Incrimination In The Civil Law, Manfred Pieck

Villanova Law Review (1956 - )

No abstract provided.

Criminal Law--Character Evidence--Doubt As To Guilt, J. Mc K.

West Virginia Law Review

No abstract provided.

Criminal Law--Double Jeopardy--New Trial After Reversal For Insufficient Evidence, J. G. V. M.

West Virginia Law Review

No abstract provided.

Eminent Domain - Procedure - Relation Of Judge And Jury In Michigan Condemnation Proceedings, John H. Jackson S.Ed.

Michigan Law Review

The relationship of judge to jury in Michigan condemnation proceedings presents in many ways a merger of some of the problems and questions contained in the relationship of judge to jury in civil trials, and of court to tribunal in administrative law. Theorists as well as the practicing lawyer in Michigan and some other states" may well find in the development of the Michigan condemnation proceeding an interesting example of the growth of a procedure for adjudication, in a context of cross-fire between legislative ideas and judicial interpretation of a constitutional provision.

Procedure And Evidence--1959 Tennessee Survey, Edmund M. Morgan

Vanderbilt Law Review

This survey of Procedure and Evidence is in most respects merely a horizontal digest of the cases which have been published between June 1, 1958, and June 1, 1959. Only a few decisions are of the character and importance that would call for comment in regular course in a law review like the Vanderbilt Law Review. Many of them are mere illustrations of inexcusable disregard by counsel of our applicable statutes and rules and previous decisions of our appellate courts interpreting them. Whether this sort of treatment of the subject is justifiable is open to serious question. The answer depends …

The Liability Of A Private Person For Giving Information Which Leads To A False Arrest

Indiana Law Journal

No abstract provided.

Admission Of Extrinsic Evidence In Cases Involving The Validity Of Statutes And Ordinances In Indiana

Indiana Law Journal

No abstract provided.

The Element Of Materiality In The Federal Crime Of Perjury, Richard B. Lillich

Indiana Law Journal

No abstract provided.

Ballistics: A Study Of The Expert Witness, Stuart R. Hays

William & Mary Law Review

No abstract provided.

An Introduction To The Study Of Presumptions, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

Compulsory Attendance Of Nonresident Witnesses, J. D. Mcd.

West Virginia Law Review

No abstract provided.

Evidence--Adoptive Admissions--Failure To Deny Incriminatory Statement Made In Presence Of Accused, A. G. H.

West Virginia Law Review

No abstract provided.

Evidence--Prohibition Of Spousal Testimony In Criminal Trials--Common Law Rule Upheld, J. J. P.

West Virginia Law Review

No abstract provided.

Evidence--Stipulations And Admissions By Attorney-Client Bound Thereby, J. L. R.

West Virginia Law Review

No abstract provided.

Evidence--Admission And Confession Distinguished, J. E. J.

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONFLICT OF LAWS--JURISDICTION--RESIDENCE AS A JURISDICTIONAL BASIS FOR DIVORCE

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CORPORATIONS-SECURITIES ACTS--DISTINCTION BETWEEN "CLASS" AND "SERIES" UNDER SECTION 16(b) OF SECURITIES EXCHANGE ACT

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CORPORATIONS-STOCK DIVIDENDS-INCONSISTENCY BETWEEN TRADITIONAL AND MODERN CONCEPTS OF STOCK DIVIDENDS

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CRIMINAL PROCEDURE-EVIDENCE-STATUTORY LIMITATION OF JENCKS DECISION

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EVIDENCE--SEARCHES AND SEIZURES--INADMISSIBILITY IN FEDERAL COURT OF EVIDENCE OBTAINED THROUGH AN UNREASONABLE SEARCH BY STATE OFFICERS

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EVIDENCE--WITNESSES-ABILITY OF ONE SPOUSE TO TESTIFY AGAINST THE OTHER IN FEDERAL CRIMINAL PROCEEDINGS

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HABEAS CORPUS--FEDERAL COURT REMAND OF PETITIONER TO STATE COURT FOR NEW TRIAL

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MUNICIPAL CORPORATIONS--TORT LIABILITY--DUTY TOPROVIDE POLICE PROTECTION TO INFORMERS

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TAXATION--ESTATE TREASURY REGULATIONS ON GOVERNMENT …

Mental Illness And The Law Of Contracts, Robert M. Brucken S.Ed., David L. Genger S.Ed., Denis T. Rice S.Ed., Mark Shaevsky S.Ed., William R. Slye S.Ed., Robert P. Volpe S.Ed.

Michigan Law Review

The traditional and most important problem relative to mental illness and the contract is the situation created when mental illness exists at the time of agreement (the problem of contractual capacity). One principal result of mental illness at this time may be the avoidance of the contract by the mentally ill person. Since case law in this area is extensive, the major portion of the study is concerned with this problem (parts II, III and IV) and the effects of such incapacity throughout the remaining course of the contract. Mental illness occurring after agreement and at the time of performance …

Constitutional Law--Due Process--Evidence Of Prior Conviction, J. F. W. Jr.

West Virginia Law Review

No abstract provided.

Conclusive Presumptions In West Virginia, J. L. R.

West Virginia Law Review

Presumptions, as might be expected, have been appearing and disappearing throughout the history of evidence. Much confusion has attended the use of the word, and there has been no less confusion about the kinds of presumptions, be they presumptions of law, presumptions of fact, conclusive presumptions or whatever name courts and writers ascribe to them. The conclusive presumption is an especially troublesome creature, some writers denying its existence while others recognize it but devote very little time to it. It is the purpose here, in a humble way, to look at its use in this state and to determine if …

Abstracts Of Recent Cases, G. H. A.

West Virginia Law Review

No abstract provided.

Evidence - Character Testimony - Impeachment Through Reference To Prior Specific Acts Of Defendant, Lawrence E. Blades S.Ed.

Michigan Law Review

Defendant, on trial for arson, presented a character witness who testified that defendant's reputation in the community was good. During cross-examination the prosecutor asked if the witness had heard that defendant had been arrested for or convicted of various specific crimes in other states. No objection was made by the defense, and the trial judge took no action. The witness answered no to each question, and subsequently a jury verdict of guilty was returned. On appeal, held, reversed and remanded, three judges dissenting. Failure of the trial judge, before allowing such cross-examination, to ascertain on his own motion and …

Spontaneous Exclamation Improperly Admitted To Prove Agency

Washington and Lee Law Review

No abstract provided.

Reliability Of Declarations Against Penal Interest

Washington and Lee Law Review

No abstract provided.

Attendance Of Out-Of-State Witnesses In Criminal Trials

Washington and Lee Law Review

No abstract provided.

Relevancy Of Character Evidence On Damages For Wrongful Death

Washington and Lee Law Review

No abstract provided.

Constitutional Law - Search And Seizure - Admissibility In A Federal Court Of Evidence Illegally Obtained By State Officers, Robert J. Paley

Michigan Law Review

In response to a call from a citizen whose suspicions had been aroused by the actions of the defendant and a companion, Maryland police unlawfully arrested the companion and searched the premises occupied by him and the defendant. & a result of this search, money was found which had been stolen in the District of Columbia. Although the search was illegal under Maryland law and in violation of the Fourteenth Amendment, this money was used as evidence to convict the defendant of housebreaking and larceny in the District of Columbia federal court. On appeal, held, conviction reversed and remanded …

Evidence--Hearsay--Declarations Against Penal Interest Not Allowed, G. D. G.

West Virginia Law Review

No abstract provided.