Year: 1956
Type: article
Abstract: The mnpact of the Uniform Rules of Evidence' upon the Florida legislature and upon legislatures generally has not been earth-shaking.But if wholesale adoption of the Rules is not to be accomplished, none the less the Rules will have performed an extremely valuable service should they merely provide a point of departure from which we may re-examine the rules of evidence as they now exist.The vast amount of scholarship which underlies both the Uniform Rules and their predecessor the Model Code of Evidence 2 entitle them to the greatest respect even though we may resene the right to differ.In this paper an effort will be made to re-examine one small segment of our law of evidence, the Dead Man's Statute, 3 in the light of the Uniform Rules and of the Model Code.The question of what, if anything, shall be done with the Dead Man's Statute is raised by the Model Code and the Uniform Rules of Evidence, and in both, after a fashion, settled by its destruction.But the answer may not be quite so simple.The Dead Man's Statute is generally regarded as a vestige of the old Common Law disqualification for interest.England did away with
Author: Lee, Richard H.
Institution: University of Miami
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2220334136