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Articles 5491 - 5520 of 5943
Full-Text Articles in Evidence
Abstracts, Benjamin M. Quigg, Jr.
Abstracts, Benjamin M. Quigg, Jr.
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
The Rule Of Dying Declarations, Leo E. Oxley
The Rule Of Dying Declarations, Leo E. Oxley
Kentucky Law Journal
No abstract provided.
Bar Briefs; Errata, Anon
Bar Briefs; Errata, Anon
Washington Law Review
Contains news of local bar associations, law firms and lawyers and missing text from Judson Falknor's article on the American Law Institute's Model Code of Evidence, published in the November 1943 journal.
Evidence-Judicial Notice By Appellate Courts Of Facts And Foreign Laws, Not Brought To The Attention Of The Trial Court, Hobart Taylor, Jr.
Evidence-Judicial Notice By Appellate Courts Of Facts And Foreign Laws, Not Brought To The Attention Of The Trial Court, Hobart Taylor, Jr.
Michigan Law Review
The general problem to be discussed in this comment is the process and supporting reasons used by appellate courts in their determination of the propriety of taking official cognizance of facts not brought to the attention of the trial court. This necessarily removes that great and complex body of case and statutory law dealing with situations where a court is called upon to take judicial notice of local statutes, municipal ordinances, and other similar matters of law. Also specifically excluded from discussion are the cases where error is alleged because the trial court refused to take notice of a fact …
The American Law Institute's Model Code Of Evidence, Judson F. Falknor
The American Law Institute's Model Code Of Evidence, Judson F. Falknor
Washington Law Review
In planning this necessarily brief statement concerning the Code of Evidence which has been approved by the American Law Institute, I found that I was confronted with a considerable problem of condensation. In the first place, what we have here is a Code, and necessarily the draftsmen have undertaken to cover the entire area of the law of evidence. In the second place, the treatment of many existing rules has been radical in character. And finally, it should be mentioned that a controversy arose between the reporter and his advisers on the one hand, and Mr. Wigmore, chief consultant, on …
Abstracts, Katherine Kempfer
Abstracts, Katherine Kempfer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Administrative Law - Extent To Which Hearsay Evidence May Constitute Basis For Award By Workmen's Compensation Commission, Mary Jane Morris
Administrative Law - Extent To Which Hearsay Evidence May Constitute Basis For Award By Workmen's Compensation Commission, Mary Jane Morris
Michigan Law Review
Claimant suffered a coronary occlusion and as a result was totally disabled, being unable to speak coherently or to understand what was said to him. The State Industrial Board found that the claimant's total disability was the result of accidental injuries which arose out of and in the course of his employment. An award was made. The claimant was incapable of giving testimony and no witness was produced who saw the accident. The referee who heard the claim admitted hearsay testimony to the effect that claimant complained of a heartburn to fellow employees after having lifted and emptied a boiler …
Future Interests - Taxation - Evidence - Presumption As To The Possibility Of A Woman Bearing Children, Hobart Taylor, Jr.
Future Interests - Taxation - Evidence - Presumption As To The Possibility Of A Woman Bearing Children, Hobart Taylor, Jr.
Michigan Law Review
Testatrix, a resident of Massachusetts, set up a trust of her residuary estate for her two daughters, the principal to be paid to their issue, but if either should die without issue, her share to be paid to certain named charities. On probate, the remainder to charity was held to be void. The income tax law of Massachusetts imposed a three per cent levy on income accumulated for contingent future interests, but exempted from taxation certain interests of nonresidents, including vested remainders not subject to being divested. The daughters, nonresidents, contended that their interests should not be taxed as contingent …
Administrative Law-Right Of Persons Aggrieved By Orders To Review By Appellate Courts, Hobart Taylor, Jr.
Administrative Law-Right Of Persons Aggrieved By Orders To Review By Appellate Courts, Hobart Taylor, Jr.
Michigan Law Review
The Milk Control Board issued an order providing in part that where milk or cream was sold in single service paper containers a nonrefundable container charge of one cent be added to the applicable wholesale or retail price. Petitioner, engaged solely in the manufacture of paper containers for the packaging of milk, sought review of the proceedings of the board upon which the order was based. A demurrer based on the ground that petitioner was not a "person aggrieved" was sustained by the superior court and petitioner appealed. Held, a person "interested" or "aggrieved" need not be within the …
Scientific Proof And Relations Of Law And Medicine, John E. Tracy
Scientific Proof And Relations Of Law And Medicine, John E. Tracy
Michigan Law Review
Ever since lawyers first began the practice of employing expert witnesses in cases where there were questions of fact to be determined, involving the existence and extent and the causes of bodily ailments, these experts-physicians, surgeons, anatomists, chemists, pathologists, and roentgenologists-have been generous in their proffering of advice to the practicing attorney as to the matters to which his preparation for trial should be directed, the proper theories to be adopted by him as to recovery or damages and his methods of examining and cross-examining witnesses of this character. The shelves of any large law library will be found to …
Medical Facts That Can And Cannot Be Proved By X-Ray: Historical Review And Present Possibilities, Samuel W. Donaldson
Medical Facts That Can And Cannot Be Proved By X-Ray: Historical Review And Present Possibilities, Samuel W. Donaldson
Michigan Law Review
As the science of the practice of medicine has progressed, new discoveries have brought out newer methods of diagnosis and treatment. With the discovery of x-rays by Professor Wilhelm Roentgen in 1895, an entirely new field was opened. The growth of this new field of medical radiology has been unusually rapid and of great importance. Radiology embraces the use of x-rays, radium, and other radioactive substances. Roentgenology is a division of radiology in that it is limited to the use of the Roentgen rays or x-rays, and medical roentgenology may be termed as the use of x-rays for the diagnosis …
Administrative Law - Subpoena Power In Administrative Agencies, Arthur B. Lathrop
Administrative Law - Subpoena Power In Administrative Agencies, Arthur B. Lathrop
Michigan Law Review
The Secretary of Labor, acting under the authority vested in her by the Walsh-Healey Act, instituted an administrative proceeding against the petitioner charging violations of the minimum and overtime payment provisions of a government contract. Upon the petitioner's refusal to furnish certain records believed to be essential in determining jurisdiction, the secretary issued a subpoena duces tecum for their production. Shortly thereafter, this suit was begun in the district court to obtain an enforcement order directing the petitioner to obey the subpoena. The petitioner, contending that the secretary was without jurisdiction to investigate the plants and employees involved, successfully resisted …
What Constitutes A Fair Procedure Before The National Labor Relations Board, Clyde W. Summers
What Constitutes A Fair Procedure Before The National Labor Relations Board, Clyde W. Summers
Michigan Law Review
No administrative body in recent times has received as much criticism, both favorable and unfavorable, as has the National Labor Relations Board in its administration of the National Labor Relations Act. Such a vast amount of material has been written on the procedure before the board that any further discussion would seem superfluous. However, the discussion of the board's procedure has been related more to the wisdom of choice which the board has made in setting up its procedure than to a determination of the line that separates legality from illegality in its determination of cases.
Character Of Deceased And Uncommunicated Threats By Deceased In Homicide Cases, Henry Howe Bramblet
Character Of Deceased And Uncommunicated Threats By Deceased In Homicide Cases, Henry Howe Bramblet
Kentucky Law Journal
No abstract provided.
Admissibility Of Evidence Induced By Means Of Intercepted Telephone Communications
Admissibility Of Evidence Induced By Means Of Intercepted Telephone Communications
Indiana Law Journal
Notes and Comments: Evidence
Impeachment And Rehabilitation Of Witnesses In Maryland, Harry Kauffman
Impeachment And Rehabilitation Of Witnesses In Maryland, Harry Kauffman
Maryland Law Review
No abstract provided.
Effect Of Comment On Failure Of Defendant To Testify In Kentucky, Robert M. Spragens
Effect Of Comment On Failure Of Defendant To Testify In Kentucky, Robert M. Spragens
Kentucky Law Journal
No abstract provided.
Evidence: Effect Of Conviction In Subsequent Civil Suit, Henry Howe Bramblet
Evidence: Effect Of Conviction In Subsequent Civil Suit, Henry Howe Bramblet
Kentucky Law Journal
No abstract provided.
Instruments Of Discovery Under Federal Rules Of Civil Procedure, Alexander Holtzoff
Instruments Of Discovery Under Federal Rules Of Civil Procedure, Alexander Holtzoff
Michigan Law Review
The elimination of the "sporting theory" of justice, the simplification of procedure, and the prompt disposition of controversies on their merits are the great objectives of the new federal civil practice. One of the principal means for the attainment of these purposes is discovery, by which a disclosure may be obtained in respect to all pertinent information in the possession of any party to a litigation. An exception is, of course, made for privileged matter. It is one of the basic theories of the new procedure that every party to a law suit is under a duty to reveal to …
Admissions By Failure To Answer Letters
Admissions By Failure To Answer Letters
Indiana Law Journal
Notes and Comments: Evidence
Evidence - Constitutional Problems In Compelling The Attendance Of Witnesses Outside The State, Paul J. Keller, Jr.
Evidence - Constitutional Problems In Compelling The Attendance Of Witnesses Outside The State, Paul J. Keller, Jr.
Michigan Law Review
Cooper, a citizen of New Jersey, was sought as a witness by a defendant in a criminal prosecution in a New York court in accordance with a New Jersey statute, which allowed such a procedure upon certain conditions. The conditions included a hearing in New Jersey on the summons and provisions for compensation and immunity from service of process while acting on the writ outside the state. At the New Jersey hearing on the summons Cooper objected on the ground that the statute was an unconstitutional deprivation of his liberty. Held, that the statute is constitutional. In re Cooper …
Evidence--Admissible For One Purpose, Inadmissible For Another--Limitation Of Effect, H. L. W. Jr.
Evidence--Admissible For One Purpose, Inadmissible For Another--Limitation Of Effect, H. L. W. Jr.
West Virginia Law Review
No abstract provided.
Physician's Opinion Based On Unsupported Influences
Physician's Opinion Based On Unsupported Influences
Indiana Law Journal
Notes and Comments: Evidence
Another Exception To The Hearsay Rule
Another Exception To The Hearsay Rule
Indiana Law Journal
Notes and Comments: Evidence
Evidence - Admissibility Of Evidence Gained By Use Of Detectaphone, Michigan Law Review
Evidence - Admissibility Of Evidence Gained By Use Of Detectaphone, Michigan Law Review
Michigan Law Review
Appellant was indicted for conspiracy to violate the Bankruptcy Act. An agent of the Federal Bureau of Investigation was permitted by the custodian of the building to enter appellant's office without his knowledge, and to install a dictaphone connecting with an adjoining room. However, the dictaphone failed to operate, and the only evidence which the agents were able to get was by means of a detectaphone which was in the same room with the agents, and which was not connected with the dictaphone. Held, the detectaphone recordings were admissible in evidence because no trespass was committed in getting the …
Evidence - Admissibility Of Hospital Records As Business Entries, Robert C. Lovejoy
Evidence - Admissibility Of Hospital Records As Business Entries, Robert C. Lovejoy
Michigan Law Review
As a defense to a suit on an insurance policy, the defendant insurer claimed that the plaintiff was intoxicated at the time of the fatal accident. Defendant offered in evidence a portion of the case record of the hospital to which plaintiff was taken after the accident, the record stating that he was "apparently well under influence of alcohol." Although it was duly authenticated under the federal statute permitting business entries to be used as evidence, this evidence was excluded by the trial court as being an observation rather than a diagnosis. Held, reversed. There was no basis for …
Evidence - Admissibility Of Defendants Refusal To Submit To A Blood Test For Intoxication, David Davidoff
Evidence - Admissibility Of Defendants Refusal To Submit To A Blood Test For Intoxication, David Davidoff
Michigan Law Review
Defendant was convicted of operating a motor vehicle while intoxicated. This appeal was based on the contention that the testimony by a deputy sheriff of defendant's refusal to submit to a blood test to determine whether or not he was intoxicated violated his privilege against self-incrimination and was inadmissible. Held, the evidence was properly admitted. State v. Benson, (Iowa, 1941) 300 N. W. 275.
The Parol Evidence Rule In Virginia, W. H. Moreland
The Parol Evidence Rule In Virginia, W. H. Moreland
Washington and Lee Law Review
No abstract provided.
Effect Of Prima Facie Evidence Provision In The Cold Check Statute, Donald Maloney
Effect Of Prima Facie Evidence Provision In The Cold Check Statute, Donald Maloney
Kentucky Law Journal
No abstract provided.
Evidence--Confession Of A Third Party As Admissible Evidence In A Criminal Case, E. R. Webb
Evidence--Confession Of A Third Party As Admissible Evidence In A Criminal Case, E. R. Webb
Kentucky Law Journal
No abstract provided.