Judicial Determination of Credibility in Jury-Tried Actions

Authors

David Dow, University of Nebraska College of Law

Abstract

Credibility Defined

Exclusionary Rules of Evidence

Credibility Involved in Determining Reasonableness of Derivative Inferences

Bases for Judicial Control

Self-Contradiction on the Witness Stand

Estoppel

Testimony Contrary to Physical Facts

Positive-Negative Rule

Testimony Not Based on Personal Knowledge

Belief Required

Judicial Admissions

Party’s Own Evidence

Party Bound by Silence

Expert Evidence

Presumptions

Party Bound by Testimony of His Own Witnesses

Summary Judgments

Conclusion

Recommended Citation

David Dow, Judicial Determination of Credibility in Jury-Tried Actions, 38 Neb. L. Rev. 835 (1959)
Available at: https://digitalcommons.unl.edu/nlr/vol38/iss4/2