Evidence Commons^™

A Defendant's Appearance As Evidence Of His Age

Washington and Lee Law Review

No abstract provided.

Evidence, Douglas M. Fryer

Washington Law Review

Covers cases on the physician-patient privilege—waiver and on hearsay—business records exception—hospital records—scope of admissible matter.

Business Records As Evidence In West Virginia, R. M.

West Virginia Law Review

No abstract provided.

Evidence--Res Gestae--Spontaneous Declarations, J. D. Mcd.

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, J. L. R.

West Virginia Law Review

No abstract provided.

Negligence - Last Clear Chance - Evidence Insufficient As A Matter Of Law, Theodore G. Koerner

Michigan Law Review

Plaintiff, having fallen asleep at night at the side of a narrow dirt road, was run over by defendant's automobile. He alleged that defendant was negligent in operating a vehicle at an excessive speed without proper lights. Defendant pleaded that plaintiff was contributorily negligent by being asleep in the road, and plaintiff then replied that defendant had the last clear chance to avoid the injury. On appeal from a judgment of involuntary nonsuit, held, affirmed, three justices dissenting. The plaintiff, by falling asleep at the side or in the middle of the road, was contributorily negligent as a matter …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Automobiles--Owner's Liability Statutes--Application to the Master-Servant Relationship

==================================

Bankruptcy--Discharge--Failure of Creditor to Inform Bankruptcy Court of Bankrupt's Fraud in Procuring Loan

==================================

Bills and Notes--Demand Instruments--Time When Statute of Limitations Begins to Run

==================================

Bills and Notes--Holder in Due Course--Giving a Check in Exchange for Another Negotiable Instrument is not the Giving of Value When the Check Turns Out to be Worthless

==================================

Constitutional Law--Due Process of Law--Use of Perjured Testimony and Suppression of Material Evidence Favorable to Accused in State Criminal Proceedings

===================================

Constitutional Law--Equal Protection of the Laws--Executory Interest Conditioned upon Racial Restriction on Use of Land

=================================== …

Book Reviews, Ronan E. Degnan, James J. Lenoir (Reviewer), David H. Vernon (Reviewer), David W. Louisell (Reviewer), David Maxwell (Reviewer)

Vanderbilt Law Review

Book Reviews:

Cases and Materials on Evidence, Fourth Edition. By Morgan, Maguide & Weinstein Brooklyn: Foundation Press, 1957. Pp. xxiv,880. $11.00

reviewers: Ronan E. Degnan and David W. Louisell

==================================

Estate Planning and Taxation Two volumes. By William J. Bowe Buffalo: Dennis & Company, Inc., 1957. Vol. I, pp. lvi, 590; Vol. II,pp. viii, 614.

reviewer: James J. Lenoir

===================================

The Sanctity of Life and the Criminal Law By Glanville Williams. New York: Alfred A. Knopf, 1957. Pp. xi, 350. $5.00.

reviewer: David H. Vernon

===================================

Current Legal Problems Edited by G. W. Keeton & G. Schwarzenberger London: Stevens & …

Administrative Law--Scope Of Judicial Review--Substantial Evidence Rule, J. O. F.

West Virginia Law Review

No abstract provided.

Constitutional Law--Witnesses--Privilege Against Self-Incrimination, C. R. S.

West Virginia Law Review

No abstract provided.

Evidence--Weight Of Evidence And Credibility Of Witnesses--Juror's Common Knowledge And Experience, J. D. Mcd.

West Virginia Law Review

No abstract provided.

Evidence--Wire Tapping--Admissibility Of Matter Illegally Obtained, R. G. D.

West Virginia Law Review

No abstract provided.

Release--Restoration Of Consideration As Condition Precedent To Releasor's Action For Damages, R. G. P.

West Virginia Law Review

No abstract provided.

The West Virginia Dead Man's Statute, Stanley E. Dadisman

West Virginia Law Review

No abstract provided.

Civil Procedure - Pre-Trial Discovery - Disclosure Of Amount Of Defendant's Liability Insurance, David L. Genger

Michigan Law Review

In an action arising out of a highway collision, plaintiff sought disclosure of the amount of defendant's liability insurance in a pre-trial discovery proceeding. The defendant was adjudged to be in default for his refusal to disclose this information. On a writ of certiorari, held, the order of the trial court is quashed. Only matters which can actually be admitted and used as evidence or matters which might lead to the finding of such evidence are proper subjects of discovery under the Florida rule. The amount of defendant's insurance is not relevant to the litigation since it will accomplish …

Criminal Law - Evidence - Wiretapping, James A. Park

Michigan Law Review

Suspecting that petitioner and others were violating state narcotics laws, New York police tapped petitioner's telephone pursuant to a warrant obtained in accordance with New York law. Acting upon information thus gained the police apprehended petitioner's brother. In his possession was found, not the narcotics as suspected, but alcohol without the tax stamps required by federal law. This evidence was turned over to federal authorities. Prosecution for possessing and transporting distilled spirits without tax stamps thereon followed, during which petitioner's motion to suppress the evidence obtained through the wiretap was denied. The Second Circuit affirmed the conviction, holding that although …

Constitutional Law - Fifth Amendment - Right Of Defendant In Denaturalization Proceedings To Refuse To Testify, Theodore G. Koerner

Michigan Law Review

The United States as plaintiff instituted denaturalization proceedings alleging that deliberately false statements were made by defendant at the time of his naturalization. No "affidavit showing good cause" for such suit, required by section 340 (a) of the Immigration and Nationality Act of 1952, was filed with the original complaint although one was filed with a later amended complaint. When plaintiff sought to take defendant's deposition pursuant to rule 26, Federal Rules of Civil Procedure, defendant appeared for the examination but refused to be sworn. He was taken before the district court which directed that he be sworn, and he …

Psychology, Mental Illness, And The Law--Alcoholics And Drug Addicts, Lee Silverstein

West Virginia Law Review

No abstract provided.

Evidence--Attorney-Client Privilege--Necessity Of Proceeding Against Client, J. O. F.

West Virginia Law Review

No abstract provided.

Evidence - Corroboration Of Extrajudicial Confession - Quantum Of Independent Evidence Required To Sustain Conviction, Thomas A. Dieterich

Michigan Law Review

Sent to a hotel room at midnight to investigate reports of a contemplated robbery, the police found the defendant and another man, strangers in town, with loaded revolvers nearby. After defendant failed to account for the guns, the police confronted him with the robbery report, and he signed a confession. On appeal of his conviction for conspiracy to commit robbery, held, reversed, two justices dissenting in part. If evidence independent of the confession is such that reasonable minds could believe that the crime was in fact committed, the corpus delicti is sufficiently established to make the confession admissible. The …

Comments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

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

Villanova Law Review (1956 - )

No abstract provided.

Comments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Comments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Evidence--Impeachment--Prior Contradictory Statements Of A Party's Own Witness, Donald D. Harkins

Kentucky Law Journal

No abstract provided.

Book Review, Lee E. Skeel

Cleveland State Law Review

Reviewing Joy Seth Hurd and Bert H. Long, Ohio Trial Evidence, W.H. Anderson Co., 1957

Forensic Psychiatry And The Witness - A Survey, Jewel Hammond Mack

Cleveland State Law Review

It has been recommended that a course in Forensic Psychiatry be included in the law school curriculum. The gap between law and psychiatry-two fields closely related in many ways, certainly should be narrowed. One of the main "causes of potential justice accidents is the fallibility inherent in testimonial evidence." The effectiveness of a witness' oral testimony depends upon four factors: (1) intelligent observation of the event; (2) clear memory; (3) freedom from any compulsions to color or ignore the truth; and (4) ability to give a vivid description.

Evidence--Disclosure Of The Fact Of Liability Insurance In Accident Litigation, Leslie W. Morris Ii

Kentucky Law Journal

No abstract provided.

The Use Of Posed Photographs Of Movable Objects Or Persons At The Time Of An Accident; A Proposed Change, Nelson E. Shafer

Kentucky Law Journal

No abstract provided.

Psychology, Mental Illness, And The Law, Lee Silverstein

West Virginia Law Review

No abstract provided.