NCJ Number
8250
Journal
Harvard Law Review Volume: 84 Issue: 4 Dated: (FEBRUARY 1971) Pages: 825-833
Date Published
1971
Length
9 pages
Annotation
DISCUSSION OF THE CONFLICTING CASES ON THE EXTENT TO WHICH A DEFENDANT MAY GO BEYOND THE FACE OF AN AFFIDAVIT TO CHALLENGE THE ACCURACY OF ITS ALLEGATIONS.
Abstract
FEDERAL AND STATE COURTS ARE DIVIDED AMONG THEMSELVES, AND THE SUPREME COURT HAS NOT MADE A DECISION ON THIS POINT. THE AUTHOR EXAMINES THE EXISTING DISPARITIES AND ARGUES THAT A COHERENT RULE IS NECESSARY. SUGGESTED SET OF EXCLUSIONARY PRINCIPLES TO GOVERN VARIOUS FACT SITUATIONS IS PRESENTED. (AUTHOR ABSTRACT MODIFIED)