Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Law (1444)
- Criminal Procedure (1354)
- Constitutional Law (946)
- Courts (766)
- Litigation (643)
-
- Civil Procedure (524)
- Science and Technology Law (458)
- State and Local Government Law (452)
- Torts (435)
- Jurisprudence (409)
- Law Enforcement and Corrections (409)
- Fourth Amendment (390)
- Supreme Court of the United States (386)
- Judges (374)
- Law and Society (366)
- Legal Ethics and Professional Responsibility (346)
- Civil Rights and Discrimination (343)
- Contracts (334)
- Legislation (334)
- Legal Profession (330)
- Family Law (329)
- Administrative Law (320)
- Intellectual Property Law (320)
- Law and Psychology (316)
- Internet Law (307)
- Medical Jurisprudence (304)
- International Law (298)
- Legal History (297)
- Institution
-
- University of Michigan Law School (840)
- Yeshiva University, Cardozo School of Law (374)
- Seattle University School of Law (238)
- West Virginia University (218)
- Vanderbilt University Law School (205)
-
- Maurer School of Law: Indiana University (174)
- Washington and Lee University School of Law (164)
- William & Mary Law School (157)
- University of Richmond (150)
- Villanova University Charles Widger School of Law (141)
- Touro University Jacob D. Fuchsberg Law Center (137)
- University of Kentucky (133)
- Mercer University School of Law (117)
- University of Washington School of Law (112)
- Cleveland State University (111)
- University at Buffalo School of Law (106)
- Case Western Reserve University School of Law (96)
- Pepperdine University (92)
- University of Miami Law School (91)
- University of Maryland Francis King Carey School of Law (83)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (81)
- American University Washington College of Law (80)
- University of Colorado Law School (80)
- UIC School of Law (78)
- Cornell University Law School (77)
- Fordham Law School (77)
- University of Georgia School of Law (68)
- Duke Law (65)
- Penn State Dickinson Law (63)
- Brooklyn Law School (56)
- Keyword
-
- Evidence (1365)
- Testimony (238)
- Hearsay (223)
- Federal Rules of Evidence (214)
- Admissibility (202)
-
- Witnesses (187)
- Expert testimony (121)
- Discovery (115)
- Criminal law (114)
- Litigation (110)
- Sixth Amendment (106)
- Confrontation Clause (105)
- United States Supreme Court (101)
- Police (87)
- Cross-examination (86)
- Exclusionary rule (85)
- Law (83)
- Scientific evidence (83)
- Expert evidence (81)
- Trials (78)
- Criminal procedure (76)
- Due process (76)
- Criminal Law (73)
- Witness (73)
- Fourth Amendment (71)
- Fifth Amendment (68)
- Constitutional Law (65)
- Daubert (64)
- Juries (64)
- Courts (61)
- Publication Year
- Publication
-
- Michigan Law Review (542)
- Faculty Scholarship (310)
- Articles (235)
- Seattle University Law Review (230)
- West Virginia Law Review (215)
-
- Cardozo Law Review (210)
- Faculty Publications (196)
- Vanderbilt Law Review (132)
- Indiana Law Journal (131)
- Washington and Lee Law Review (127)
- Villanova Law Review (1956 - ) (122)
- Mercer Law Review (117)
- Touro Law Review (115)
- Kentucky Law Journal (109)
- Cleveland State Law Review (98)
- Buffalo Law Review (93)
- University of Richmond Law Review (82)
- Washington Law Review (78)
- Pepperdine Law Review (68)
- Cornell Law Faculty Publications (67)
- Scholarly Works (64)
- Maryland Law Review (61)
- UIC Law Review (60)
- University of Michigan Journal of Law Reform (59)
- University of Miami Law Review (58)
- All Faculty Scholarship (56)
- Nevada Supreme Court Summaries (55)
- Richmond Journal of Law & Technology (51)
- Vanderbilt Law School Faculty Publications (50)
- Akron Law Review (47)
- Publication Type
- File Type
Articles 5671 - 5700 of 5943
Full-Text Articles in Evidence
Negligence - Res Ipsa Loquitur - Circumstantial Evidence
Negligence - Res Ipsa Loquitur - Circumstantial Evidence
Michigan Law Review
Defendant company owned, and was in possession of, a wall, from the top of which a loose piece of concrete fell and injured the plaintiff who was at work on land adjoining. In affirming a judgment for plaintiff, the court held that, while the doctrine of res ipsa loquitur did not apply, there was "evidence from which the jury could legitimately infer that the defendant was negligent in permitting loose pieces of concrete to remain on the wall." Pope v. Rending Co., (Pa. 1931) 156 Atl. 106.
Evidence--Res Gestae--Suicide Notes, Bernard Sclove
Evidence--Res Gestae--Suicide Notes, Bernard Sclove
West Virginia Law Review
No abstract provided.
The Principles Of Judicial Proof Or The Process Of Proof, Paul W. Bruton
The Principles Of Judicial Proof Or The Process Of Proof, Paul W. Bruton
West Virginia Law Review
No abstract provided.
Evidence - Privileged Communication
Evidence - Privileged Communication
Michigan Law Review
In a suit for divorce on the ground of adultery, a Luthern clergyman refused to testify concerning a disclosure made to him in his religious capacity by the defendant husband, on the ground that it was a privileged communication under the Minnesota statute. The district court adjudged him in contempt of court. Upon certiorari to the supreme court of Minnesota, held, the communication was privileged, and the order was reversed. In re Swenson (Minn. 1931) 237 N.W. 589.
Insurance - Estoppel - Parol Evidence Rule
Insurance - Estoppel - Parol Evidence Rule
Michigan Law Review
The plaintiff sued on a fire policy. The insurer defended on the ground that plaintiff had violated a condition of the policy which provided that there would be no liability if loss occurred while the property was encumbered by a chattel mortgage, unless the company's written consent thereto was endorsed on the policy. Plaintiff sought to estop the defendant as to this defense because of insurer's agent's assurances, given before and after the issuance of the policy, that the policy would permit him to encumber the goods. Held, defendant's demurrer to plaintiff's replication should be sustained because of plaintiff's …
Admissibility Of Previous Consistent Statements By A Witness, Herald A. O'Neill
Admissibility Of Previous Consistent Statements By A Witness, Herald A. O'Neill
Washington Law Review
Today the courts are almost unanimous in holding that proof of statements made by a witness out of court similar to and in harmony with his testimony are inadmissible. "This rule of evidence," said Mr. Justice Holloway, speaking for the Supreme Court of Montana in the case of Fairleigh v.Kelley (1903), "became settled long ago." It is unquestionably supported by the decided weight of authority, and in fact, it may now be said that the rule is more than general—it is well nigh universal. There are, however, well settled exceptions to this general rule. In fact, the exceptions "have become …
Appeal And Error- Crimes - Evidence Not Objected To At Trial
Appeal And Error- Crimes - Evidence Not Objected To At Trial
Michigan Law Review
The defendant was convicted of murder in the first degree. At the trial, certain incompetent testimony was placed in evidence by the prosecution, to which the defendant's attorney failed to object. The point was sought to be raised on appeal under N. J. Comp. Stat. 1910 sec. 136, which provides that, in criminal cases, if "the plaintiff in error on the trial below suffered manifest wrong or injury, either in the admission or rejection of testimony, whether objection was made thereto or not * * * the appellate court shall remedy such wrong or injury * * * and order …
Criminal Law-Search And Seizure-Implied Consent
Criminal Law-Search And Seizure-Implied Consent
Indiana Law Journal
No abstract provided.
Search And Seizure Without Warrant-Intoxicating Liquor-Timely Objection
Search And Seizure Without Warrant-Intoxicating Liquor-Timely Objection
Indiana Law Journal
No abstract provided.
Evidence--Jury Trial Rules Of Evidence As Applicable To Administrative Tribunals, John K. Chase
Evidence--Jury Trial Rules Of Evidence As Applicable To Administrative Tribunals, John K. Chase
West Virginia Law Review
No abstract provided.
The Burden Of Providing Payment, Leo Carlin
The Burden Of Providing Payment, Leo Carlin
West Virginia Law Review
No abstract provided.
Administrative Tribunals--Judicial Notice
Administrative Tribunals--Judicial Notice
Michigan Law Review
The plaintiff corporation, a retail distributor of gas, contracted for its supply over a three-year period from a service company, and filed its rate schedule with the public utilities commission. The commission ordered a lower rate, its order being based on files of schedules of other distributing companies, which were found to show that the plaintiff's contract was excessive and that a lower rate could have been contracted for. These files were not introduced into evidence, but the commission took notice of them as a matter of public record. Plaintiff petitioned for an injunction against enforcement of the order. Held …
Evidence-Admission By Party Litigant-Substantive Proof Or Impeachment
Evidence-Admission By Party Litigant-Substantive Proof Or Impeachment
Michigan Law Review
ln an action against an employer for personal injuries, after the plaintiff had testified as to negligence of a fellow servant, his signed statement detailing a contrary account of the injury was introduced. The trial judge charged that the statement was admissible only for the purpose of contradicting the plaintiff's testimony. Held, it was admissible as a declaration against interest with probative value, as well as to impeach the plaintiff's testimony. Pub. Utilities Corp. v. Carden (Ark. 1930) 32 S.W.(2d) 1058.
Indictments--Larceny--Description Of Stolen Money, Jack D. Jennings
Indictments--Larceny--Description Of Stolen Money, Jack D. Jennings
West Virginia Law Review
No abstract provided.
Degrees Of Secondary Evidence, Story Birdseye
Degrees Of Secondary Evidence, Story Birdseye
Washington Law Review
One of.the most ancient of all legal doctrines is the "best evidence rule," although originally it had a much broader meaning than at present. According to the early view, it meant that only the best evidence which could be produced was admissible, it was applicable to all classes of evidence and not confined to documents. In its modern application, however, the best evidence rule amounts only to the requirement that the contents of a written instrument must be proved by the introduction of the writing itself, unless its absence is satisfactorily accounted for. The reason for this law of evidence …
Evidence-Other Crimes
Michigan Law Review
Judging from the number of opinions handed down in 1930 involving evidence of other crimes committed by the defendant, the modem criminal trial is not complete without some attempt to introduce evidence of this sort.
Evidence-Ballistics As Subject Matter Of Expert Testimony
Evidence-Ballistics As Subject Matter Of Expert Testimony
Michigan Law Review
W, among other things a professional expert witness and a ballistics expert, testified that the bullet found in the body of the deceased was fired from the gun identified as being that of the defendant. Held, the evidence was properly admitted. People v. Fisher et al. (Ill. 1930) 172 N.E. 743.
Evidence--Dying Declarations, F. H. Hankes
Insurance-Misrepresentations-Insertion Of False Answers By Medical Examiner
Insurance-Misrepresentations-Insertion Of False Answers By Medical Examiner
Michigan Law Review
If an applicant for life insurance, in answering the many questions put to him by the company's medical representative, tells the truth, but the examiner, in recording the answers, distorts them without the knowledge of the insured, may the beneficiary or the personal representative of the insured show this distortion by parol, and collect on the policy in spite of the presence of false written answers in the application? The New York court of appeals, in the very recent case, Minsker v. John Hancock Mutual Life Insurance Co., 254 N. Y. 333, 173 N.E. 4, answers this question in …
Evidence-Contributory Negligence-Burden Of Proof-Presumption Of Due Care
Evidence-Contributory Negligence-Burden Of Proof-Presumption Of Due Care
Michigan Law Review
This case was an administrator's action to recover damages for the death of the plaintiff's intestate who was struck by an automobile operated by the defendant. There were no eyewitnesses other than the decedent and the defendant. On trial the plaintiff introduced evidence of the defendant's negligence, but under the circumstances of the case, was unable to introduce affirmative evidence that the decedent was free from contributory negligence. Held, one judge dissenting, that there was no presumption that the decedent exercised due care, and therefore, the non-suit granted by the lower court was affirmed. Kotler v. Lalley (Conn. 1930) …
Criminal Law--Obscene Books--Evidence, David G. Lilly Jr.
Criminal Law--Obscene Books--Evidence, David G. Lilly Jr.
West Virginia Law Review
No abstract provided.
Negligence-Res Ipsa Loquitur-Presumption Of Management From Ownership-Unattended Automobile
Negligence-Res Ipsa Loquitur-Presumption Of Management From Ownership-Unattended Automobile
Michigan Law Review
After the sound of a crash, the defendant's motortruck was found on the plaintiff's porch. Held, the doctrine of res ipsa loquitur was applicable.
Aviation-Trespass-Nuisance
Michigan Law Review
Land-owners sought to enjoin flight over their property as a trespass and nuisance; and to enjoin as a nuisance the use of the adjoining field as a base from which to make such flights. Held, injunction denied because of insufficient evidence of injury. Flight at 500 feet or more was impliedly authorized by the statute forbidding flight lit less than that attitude over buildings or persons. Mass. Acts, 1922, ch. 534, sec. 1 sub-sec. 55. As to occasional flights over unoccupied brush land at a height of about 100 feet in landing or taking off, injunctive relief was denied …
Evidence--Physician-Patient Privilege--Express And Implied Waiver
Evidence--Physician-Patient Privilege--Express And Implied Waiver
Michigan Law Review
Defendant's intestate applied for insurance with "plaintiff, expressly waiving, for himself and beneficiaries, the privilege of excluding testimony of physicians who had then attended him or might do so later. The policy lapsed, but the insured, falsely representing that he was in good health and had consulted no doctor for any cause, secured a reinstatement. He died six months later. Plaintiff sued for cancellation, and defendant objected to the testimony of physicians who had been consulted before and after the reinstatement. Held, the testimony was admissible, since the privilege was waived; also the mere fact that there were consultations …
Witnesses-Refreshing Memory-Past Recollection
Witnesses-Refreshing Memory-Past Recollection
Michigan Law Review
Action on a claimed oral renewal of a burglary insurance policy. Nearly six months after the alleged renewal W made an affidavit stating that she heard defendant's agent tell plaintiff that plaintiff's policy had been renewed. This affidavit was drawn up by plaintiff's attorney. On the trial eight years later W was unable to recall any such conversation and the affidavit did not refresh her memory. The court over objection admitted the affidavit itself in evidence. Held, since the affidavit was not made at or near the time of the event recorded, and was drawn up by one of …
Wills-Loose Sheets As A Will
Michigan Law Review
Testatrix's will contained twenty-eight sheets of correspondence paper, each complete in itself and not physically bound together. When presented for probate, the last sheet held only an attestation clause and the signatures of testatrix and witnesses; each of the others was, signed by testatrix; and the whole group were consecutively numbered. The attesting witnesses, employed at the bank with which testatrix did business, identified the writing on all twenty-eight sheets as that of testatrix, but could not say that these very sheets were present when the last was executed. They testified there was a bundle of similar sheets, and one …
Witnesses-Immunity From Self-Incrimination-Statute Requiring Testimony That Would Subject Witness To A Penalty
Michigan Law Review
Acts 1921, No. 203 of Vermont required a disclosure from all persons convicted of intoxication as to the persons from whom the liquor was obtained. The petitioner was convicted of intoxication and on his refusal to disclose the person from whom he obtained the liquor was adjudged to be in contempt and committed to jail. Held, petitioner was in unlawful restraint and should be discharged, as the law requiring the disclosure was unconstitutional, article ten of the state constitution providing that no person could be compelled to give evidence against himself. In the light of Acts 1921, No. 204 …
Evidence-Prior Inconsistent Statement-Corroborative Testimony
Evidence-Prior Inconsistent Statement-Corroborative Testimony
Michigan Law Review
W, a witness for the prosecution in a murder trial, testified that he had known the defendant about five years before, and was sure he was one of the two men who fired the fatal shots. On cross examination he was asked whether or not he had testified at a preliminary hearing to the effect that he had never known or seen the man before the date of the murder. He admitted the inconsistency, but on redirect examination was permitted to explain that he had not properly understood the question put to him at the preliminary hearing. The prosecution was …
The Supreme Court's Construction Of The Self-Incrimination Clause, Edward S. Corwin
The Supreme Court's Construction Of The Self-Incrimination Clause, Edward S. Corwin
Michigan Law Review
The Fourth Amendment of the Constitution reads as follows: "The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized." The so-called "self-incrimination clause" of Amendment V reads as follows: "No person * * * shall be compelled in any criminal case to be a witness against himself."