Rules of Evidence: Hearings, Ninety-third Congress, First SessionU.S. Government Printing Office, 1973 - 589 pages |
From inside the book
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Page 1
... authority of the Court to prescribe rules of evidence , as well as the wisdom of its doing so . Further , assuming both the authority for and the desirability of uniform rules of evidence in Federal courts , specific rules have drawn ...
... authority of the Court to prescribe rules of evidence , as well as the wisdom of its doing so . Further , assuming both the authority for and the desirability of uniform rules of evidence in Federal courts , specific rules have drawn ...
Page 4
... authority to do so . Moreover , there remains the question whether , even if the court is thought to have this power , the Congress should assume the primary role in the formation of rules of evidence so as affirmatively to enact such ...
... authority to do so . Moreover , there remains the question whether , even if the court is thought to have this power , the Congress should assume the primary role in the formation of rules of evidence so as affirmatively to enact such ...
Page 6
... authority by specific acts of Con- gress . Congress first asserted its authority to prescribe the law to be followed by the Federal courts in the Rules of Decision Act of 1789 . I do not believe that this attempt to usurp that power ...
... authority by specific acts of Con- gress . Congress first asserted its authority to prescribe the law to be followed by the Federal courts in the Rules of Decision Act of 1789 . I do not believe that this attempt to usurp that power ...
Page 8
... authority of the Supreme Court to issue such rules could only be made in the courts . The problem with this , of course , is that the Supreme Court has already determined that it has the au- thority . The Court will , therefore , be ...
... authority of the Supreme Court to issue such rules could only be made in the courts . The problem with this , of course , is that the Supreme Court has already determined that it has the au- thority . The Court will , therefore , be ...
Page 9
... authority to challenge them , they will constitute out - and- out judicial legislation , in violation of the Constitution . The Constitution gives Congress the sole authority to pass laws . For Congress to allow another branch of ...
... authority to challenge them , they will constitute out - and- out judicial legislation , in violation of the Constitution . The Constitution gives Congress the sole authority to pass laws . For Congress to allow another branch of ...
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Common terms and phrases
admissible adopted Advisory Committee Advisory Committee's Note agency amendment American Bar Association appears apply attorney attorney-client privilege Bar Association believe Chairman changes Civil Procedure claim CLEARY common law confidential Congress corporate counsel cross-examination decision defendant DENNIS disclose disclosure district court doctor-patient privilege documents effect Enabling Act evidence law executive privilege fact Federal courts Federal Rules Freedom of Information going HOLTZMAN HUNGATE Information Act issue JENNER JESTRAB Judge MARIS Judicial Conference jury Justice law of evidence legislation LENZNER litigation matter MAYNE ment mittee official information opinion patient person physician physician-patient privilege practice and procedure present problem promulgated proposed rules protect psychotherapist question recognized relevant Rules Enabling Act Rules of Civil rules of evidence secret privilege social workers specific Standing Committee statement statute subcommittee substantive suggest Supreme Court testify testimony tion trade secret Trial Lawyers Uniform Rules United witness
Popular passages
Page 233 - The Committee on Rules of Practice and Procedure of the Judicial Conference of the United States in its second preliminary draft of proposed amendments to the Rules of Criminal Procedure for the United States District Courts...
Page 122 - 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 consideration of undue delay, waste of time, or needless presentation of cumulative evidence." 71 FED. R. EVID. 401. "DEFINITION OF RELEVANT EVIDENCE.
Page 572 - ... contained in or related to examination, operating, or condition reports prepared by, on behalf of. or for the use of any agency responsible for the regulation or supervision of financial institutions; and (9) geological and geophysical information and data (including maps) concerning wells.
Page 572 - ... (4) trade secrets and commercial or financial information obtained from a person and privileged or confidential; (5) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency...
Page 571 - Except to the extent that there is involved (1) any function of the United States requiring secrecy in the public interest...
Page 551 - 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 and experience.
Page 571 - ... (B) statements of the general course and method by which its functions are channeled and determined...
Page 366 - ... to ascertain the best means to effect an assimilation and uniformity in the laws of the States, and especially to consider whether it would be wise and practicable for the State of New York to invite the other States of the Union to send representatives to a convention to draft uniform laws to be submitted for the approval and adoption of the several States, and to devise and recommend such other course of action as shall best accomplish the purpose of this Act.
Page 88 - If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise...
Page 50 - ... not so related, and order delivery of the remainder to the party entitled thereto. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal.