Evidentiary Use of Photographic Identification: Is it Time for New York to Reevaluate its Singular Exception?
30 Touro Law Review 945 byRead More →
The Possibility to Perpetuate Discovery Prior to Filing a Federal Complaint: Rule 27 of the Federal Rules of Civil Procedure
In re Liquor Salesmen’s Union Local 2D Pension Fund pertains to Salesmen’s Union Local 2D Pension Fund’s (hereinafter “Petitioner”) request for discovery from Bank of America “prior to the commencement of an action related to a certain bank account.”Read More →
Child sexual abuse prosecutions present challenging evidentiary and constitutional issues. Oftentimes, there is no physical evidence of the abuse. Children will frequently recant their allegations, since the vast majority of these crimes are committed by a parent, other relative, or by a friend of the family.Read More →
The First Department in Encarnacion made two highly controversial holdings on issues that did not need to be decided. First, the court’s holding continues the decline of what amounts to clear and convincing in New York. Second, the court’s holding now seems to be in contradiction with the Supreme Court’s decision in Bullcoming.Read More →
This article will review and illustrate the various methods of impeachment authorized by the law of evidence. The methods fall under seven categories: (1) physical or mental disability relating to an attribute to be a competent witness, (2) bias, (3) convictions, (4) bad or immoral acts, (5) bad character for truth and veracity, (6) prior inconsistent statements, and (7) specific contradiction. This article focuses on the Federal Rules of Evidence, although, in many instances, state rules of impeachment, with some exceptions and variations, are consistent with the federal impeachment rules.Read More →
This segment will review fundamental evidentiary principles as well as recent developments in evidence law, concentrating on the Federal Rules of Evidence. Many of New York’s evidence principles mirror the Federal Rules. New York is one of the relatively few states that does not have an evidence code; most New York evidence law derives from decisions of the New York courts. While mainly similar, there are some differences between federal evidence law and New York evidence law.Read More →