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People v. Enskat
Content Type: Brief

View this case and other resources at: Citation. 333 Cal. App. 3d 900, 109 Cal. Rptr. 433, 1973 Cal. App. Brief Fact Summary. The defendant, Enskat (the "defendant"), was convicted of exhibiting an obscene motion picture depicting graphic sex acts. Rather than seize the film itself, arresting officers entered the theater and took photos of the film. Synopsis of Rule of Law. A motion picture is "a writing" for purposes of the best evidence rule. ...

Herzig v. Swift & Co
Content Type: Brief

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Sirico v. Cotto
Content Type: Brief

View this case and other resources at: Citation. 67 Misc. 2d 636, 324 N.Y.S.2d 483, 1971 N.Y. Misc. Brief Fact Summary. In a personal injury lawsuit, plaintiff's attorney called as a witness an X-ray expert. The expert attempted to testify about what X-ray photos showed of plaintiff's injuries without having the X-rays on the witness stand. The Court barred his testimony. Synopsis of Rule of Law. If the best evidence rule excludes evidence, opinion testimony based on that evidence is also inadmissible. ...

Rovario v. United States
Content Type: Brief

View this case and other resources at: Citation. 353 U.S. 53, 77 S. Ct. 623, 1 L. Ed. 2d 639, 1957 U.S. Brief Fact Summary. The defendant, Rovario (the "defendant"), convicted on heroine possession charges, sought to overturn his conviction because the government, at trial, did not have to produce the undercover informant that formed a great part of the government's case. Synopsis of Rule of Law. The government must disclose the identity of its undercover informants, if the informant is relevant and helpful to the defense and necessary for the defendant to receive a fair tri ...

Trammel v. United States
Content Type: Brief

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In re Grand Jury
Content Type: Brief

View this case and other resources at: Citation. 103 F.3d 1140, 1997 U.S. App. Brief Fact Summary. The Third Circuit Court of Appeals ("Third Circuit") considered a case from the Virgin Islands and a case from Delaware together, to decide whether a parent-child privilege should be recognized. The case from the Virgin Islands involved a grand jury seeking to force the testimony of a father against a son. The case from Delaware involved a grand jury seeking to have a daughter testify against her father. Synopsis of Rule of Law. Federal Rules of Evidence ("F.R.E.") Rule 501 p ...

Jaffee v. Redmond
Content Type: Brief

View this case and other resources at: Citation. 518 U.S. 1, 116 S. Ct. 1923, 135 L. Ed. 2d 337, 1996 U.S. Brief Fact Summary. The administrator of decedent Ricky Allen's ("Mr. Allen") estate filed suit alleging Mr. Allen's constitutional rights were violated when he was killed by the Respondent, Redmond (the "Respondent"), an on-duty police officer. Synopsis of Rule of Law. Federal Rules of Evidence ("F.R.E.") Rule 501 authorizes the federal courts to define new privileges following the principles of common law. ...

Menendez v. Superior Court
Content Type: Brief

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United States v. Zolin
Content Type: Brief

View this case and other resources at: Citation. 506 U.S. 994 113 S. Ct. 589 121 L. Ed. 2d 527 1992 U.S. Brief Fact Summary. The Internal Revenue Service ("I.R.S.") was investigating the tax returns of L. Ron Hubbard ("Mr. Hubbard"), and sought various materials from the Church of Scientology (the "Church") in the possession of a District Court. The Church sought continued protection of the documents based on the attorney client privilege, and the IRS claimed they should be given access to the tapes because they fell under the crime-fraud exception to attorney-client privilege. ...

Prink v. Rockefeller Center Inc
Content Type: Brief

View this case and other resources at: Citation. 48 N.Y.2d 309, 398 N.E.2d 517, 422 N.Y.S.2d 911, 1979 N.Y. Brief Fact Summary. The plaintiff, administratrix of her husband's estate (the "plaintiff'), filed a wrongful death lawsuit against the owners and architects of her husband's office building, the defendants, Rockefeller Center Inc. and others (the "defendants"), after plaintiff's husband fell from the 36th floor. The defendants sought to introduce evidence of the decedent's mental capacity in order to show that he may have committed suicide. Synopsis of Rule of Law. A ...