Saturday, January 29, 2011
Hearing Loss: U.S. Court Of Appeals For Veterans Claims Uses Rule 803(7) To Prove Patient's Lack Of Service-Related Tinnitus
Federal Rule of Evidence 803(7) provides an exception to the rule against hearsay for
Evidence that a matter is not included in the memoranda reports, records, or data compilations, in any form, kept in accordance with the provisions of paragraph (6), to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind of which a memorandum, report, record, or data compilation was regularly made and preserved, unless the sources of information or other circumstances indicate lack of trustworthiness.
And, as the recent opinion of the United States Court of Appeals for Veterans Claims in Perkins v. Shinseki, 2011 WL 182653 (Vet.App. 2011), makes clear, the lack of evidence of symptoms in contemporaneous medical records can be admitted under Rule 803(7) to prove the nonoccurrence of such a condition.
Friday, January 28, 2011
Thursday, January 27, 2011
AALS Poster Project: Emily Zimmerman's Do Law Students Want Multiple Graded and Ungraded Assignments? Results from an Empirical Research Project
Wednesday, January 26, 2011
Tuesday, January 25, 2011
Monday, January 24, 2011
AALS Poster Project: Sabrina DeFabritiis' Barking Up The Wrong Tree: Companion Animals, Emotional Damages And The Judiciary's Failure To Keep Pace
Sunday, January 23, 2011