McCormick's Evidence
Authors:
Mosteller, Robert P. / Broun, Kenneth S. / Dix, George E. / Imwinkelried, Edward J. / Kaye, D. H. / Swift, Eleanor
Edition:
8th
Copyright Date:
2020
6 chapters
have results for mccormick
Preface 1 result
Title Page 1 result
Chapter 7. The Competency of Witnesses 2 results
- McCormick, Handbook of the Law of Evidence § 81 (1954)
- The rules disqualifying witnesses with knowledge of relevant facts and mental capacity to convey that knowledge are serious obstructions to the ascertainment of truth. In the first edition of this treatise, Dean McCormick famously remarked, “The manifest destiny of evidence law is a progressive lowering of the barriers to truth.”
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Chapter 5. Impeachment and Support 1 result
- distracting side disputes about the impeached witness’s specific conduct, since the impeaching witness could be cross-examined about the basis of his opinion. That danger undoubtedly exists, and the judge would need to confine the disputes to reasonable limits. However, the choice of reputation (instead of opinion based on observation) eliminated much of the objectivity from the attempt to appraise character, and it encouraged the parties to select character witnesses who, under the guise of reputation, voiced opinions based on prejudice and ill-will. As Dean McCormick wrote, the hand is that of Esau, but the voice is Jacob’s. In addition, reputation in modern, impersonal urban centers is often evanescent or non-existent.
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- Publication Date: July 27th, 2020
- ISBN: 9781684674763
- Subject: Evidence
- Series: Hornbooks
- Type: Hornbook Treatises
- Description: This single-volume treatise is largely free of citations to authority, but retains the most notable footnotes. Topics covered include preparing and presenting evidence, cross-examination, and the procedure for admitting and excluding evidence. Discusses privilege against self-incrimination, privilege concerning improperly obtained evidence, scientific evidence, and demonstrative evidence. Reviews authentication, the hearsay rule, burdens of proof, and presumptions. Text also identifies current issues.
