Rules of Evidence: Hearings, Ninety-third Congress, First Session, Volume 1 |
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Results 6-10 of 39
Page 92
... presumptions in criminal cases is so complicated that , while there are some able judges who can undoubtedly charge the Rule correctly , no jury can possibly understand the charge . ( 4 ) Article IV " relevancy and its limits " . Rule ...
... presumptions in criminal cases is so complicated that , while there are some able judges who can undoubtedly charge the Rule correctly , no jury can possibly understand the charge . ( 4 ) Article IV " relevancy and its limits " . Rule ...
Page 102
... presumption that the deceased person was in the exercise of due care for his own safety at the time of the accident . In aid of such presumption , several jurisdictions have allowed evidence to be admitted tending to establish the habit ...
... presumption that the deceased person was in the exercise of due care for his own safety at the time of the accident . In aid of such presumption , several jurisdictions have allowed evidence to be admitted tending to establish the habit ...
Page 130
... PRESUMPTIONS Rule 301. Presumptions in General . In all cases not otherwise provided for by Act of Congress or by these rules a presumption imposes on the party against whom it is directed the burden of proving that the nonexistence of ...
... PRESUMPTIONS Rule 301. Presumptions in General . In all cases not otherwise provided for by Act of Congress or by these rules a presumption imposes on the party against whom it is directed the burden of proving that the nonexistence of ...
Page 131
... presumptions , concerned primarily with the status of a presumption as evidence when it is met with contravening evidence . Initially , two fundamental views have been taken in regard to the effect of a presumption when injected in the ...
... presumptions , concerned primarily with the status of a presumption as evidence when it is met with contravening evidence . Initially , two fundamental views have been taken in regard to the effect of a presumption when injected in the ...
Page 132
... presumption being dealt with rested , the pro- cedural effect of the presumption would vary from the " bursting bubble " theory to a total shifting of the burden of persuasion , even to the extent that the pre- sumption would operate so ...
... presumption being dealt with rested , the pro- cedural effect of the presumption would vary from the " bursting bubble " theory to a total shifting of the burden of persuasion , even to the extent that the pre- sumption would operate so ...
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Common terms and phrases
accused admissible adopted Advisory Committee Advisory Committee's Note amendment apply ARIZONA STATE UNIVERSITY Article authority believe Chairman character character evidence civil claim Code of Evidence common law concerning Congress constitutional conviction counsel credibility crime Criminal Justice cross-examination decision declarant defendant deleted direct examination disclosure District draft effect fact federal courts Federal Criminal Laws fifth amendment hearing hearsay exceptions hearsay rule HERBERT E HOFFMAN impeachment issue Judicial Conference judicial notice Judiciary limited litigation matter McCormick officer party permit person physician-patient privilege practice preliminary present presumption prior inconsistent statements prior statement privilege problem Procedure proposed Federal Rules proposed rule question reason record Reform of Federal relevant requirement Rules of Evidence self-incrimination Special Subcommittee specific statute Subcommittee on Criminal Subcommittee on Reform subdivision submitted substantial suggested supra Supreme Court testify tion trial judge Trial Lawyers trustworthiness United United States Code waiver Washington Wigmore WILLIAM L
Popular passages
Page 7 - Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
Page 124 - The head of each department is authorized to prescribe regulations, not inconsistent with law, for the government of his department, the conduct of its officers and clerks, the distribution and performance of its business, and the custody, use. and preservation of the records, papers, and property appertaining to it.
Page 61 - Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, to which the various advisory committees report.
Page 386 - A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information...
Page 253 - The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment.
Page 327 - ... (8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or (9) geological and geophysical information and data, including maps, concerning wells.
Page 164 - ... a juror may testify on the question whether extraneous prejudicial information was improperly brought to the jury's attention or whether any outside influence was improperly brought to bear upon any juror.
Page 156 - Except as otherwise required by the Constitution of the United States or provided by Act of Congress or in rules prescribed by the Supreme Court pursuant to statutory authority, the privilege of a witness, person, government, State, or political subdivision thereof shall be governed by the principles of the common law as they may be interpreted by the courts of the United States in the light of reason...
Page 369 - When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event.
Page 171 - A witness so appointed shall be informed of his duties by the court in writing, a copy of which shall be filed with the clerk, or at a conference in which the parties shall have opportunity to participate.