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The Law Of Expert And Opinion Evidence Reduced To Rules

The Law Of Expert And Opinion Evidence Reduced To Rules
Author: John Davison Lawson
Publisher: Legare Street Press
Total Pages: 0
Release: 2023-07-18
Genre:
ISBN: 9781021855633

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This book is a definitive guide to expert and opinion evidence, offering a comprehensive overview of the legal principles and their practical applications. Lawson uses adjudged cases to illustrate the rules, providing readers with valuable insights and an accessible resource for litigators and legal professionals alike. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.


The Law of Expert and Opinion Evidence Reduced to Rules; with Illustrations from Adjudged Cases

The Law of Expert and Opinion Evidence Reduced to Rules; with Illustrations from Adjudged Cases
Author: John Davison Lawson
Publisher: Theclassics.Us
Total Pages: 220
Release: 2013-09
Genre:
ISBN: 9781230216638

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ... TITLE II. OPINIONS ON IDENTITY. CHAPTER I. IDENTITY OF PERSONS AND THINGS. RULE 45.--The opinion of an ordinary witness concerning the identity of a person (A) or thing (B) is admissible. Illustration. A. I. A. is indicted for a burglary in the house of B. B. had conversed with A. the day before. On the night of the crime he did not see A., but heard him speak. The opinion of B. as to the identity of A., based on hearing his voice in the two instances, is admissible.1 Personal identity is a matter of opinion or belief founded on facts which may be, and frequently are, inexplicable and incommunicable to a stranger; and, therefore, as to such fact, opinion is competent evidence.' On questions of the identification of persons, a witness may give his opinion, provided he has any knowledge of the person. The opinion or belief must be based upon this knowledge. It is not necessary that it should be formed at the time the person sought to be identified was seen by the witness; 1 Com. v. Williams, 105 Mass. 63 (1870). i Gentry v. McMinnls, 3 Dana, 383 (1835); State v. Morris, 47 Conn. 179 (1879); Bevealy p. Williams, 4 Dev. & B. 237 (1839). 18 ( 273 ) but when formed, it must be the result of the recollection of the person seen, and of the facts connected with the seeing, and not from information derived from others.' As said in a Texas case: "I may feel a strong conviction, not, however, amounting to certainty, that a man who stands before me in the court-room to-day, is the same man whom I knew ten years ago in a distant part of the world; I cannot explain to others the grounds of my strong belief, yet this belief amounts to a species of knowledge. If called as a witness, I may express my opinion that the man before me is the same man whom I...


The Age of Expert Testimony

The Age of Expert Testimony
Author: National Research Council
Publisher: National Academies Press
Total Pages: 81
Release: 2002-03-13
Genre: Law
ISBN: 0309083109

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The federal courts are seeking ways to increase the ability of judges to deal with difficult issues of scientific expert testimony. The workshop explored the new environment judges, plaintiffs, defendants, and experts face in light of "Daubert" and "Kumho," when presenting and evaluating scientific, engineering, and medical evidence.


Expert evidence in criminal proceedings in England and Wales

Expert evidence in criminal proceedings in England and Wales
Author: Great Britain: Law Commission
Publisher: The Stationery Office
Total Pages: 224
Release: 2011-03-22
Genre: Law
ISBN: 9780102971170

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This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. Currently, too much expert opinion evidence is admitted without adequate scrutiny because no clear test is being applied to determine whether the evidence is sufficiently reliable to be admitted. Juries may therefore be reaching conclusions on the basis of unreliable evidence, as confirmed by a number of miscarriages of justice in recent years. Following consultation on a discussion paper (LCCP 190, 2009, ISDBN 9780118404655) the Commission recommends that there should be a new reliability-based admissibility test for expert evidence in criminal proceedings. The test would not need to be applied routinely or unnecessarily, but it would be applied in appropriate cases and it would result in the exclusion of unreliable expert opinion evidence. Under the test, expert opinion evidence would not be admitted unless it was adjudged to be sufficiently reliable to go before a jury. The draft Criminal Evidence (Experts) Bill published with the report (as Appendix A) sets out the admissibility test and also provides the guidance judges would need when applying the test, setting out the key reasons why an expert's opinion evidence might be unreliable. The Bill also codifies (with slight modifications) the uncontroversial aspects of the present law, so that all the admissibility requirements for expert evidence would be set out in a single Act of Parliament and carry equal authority.


Expert Testimony

Expert Testimony
Author: Steven Lubet
Publisher: Aspen Publishing
Total Pages: 208
Release: 2020
Genre: Evidence, Expert
ISBN: 1601568703

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Order two copies of this book: one for yourself and one for your expert witness. It will give experts the confidence they need to be comfortable in court, and give you the skills necessary to emphasize the credibility of your experts. You can avoid pitfalls such as unintentional signals, inappropriate demeanor and appearance, and awkward body language by using Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them as your guide. In this newly revised Fourth Edition, Elizabeth Boals and Steve Lubet provide counsel on the development and presentation of expert testimony in the digital age, including discussion of visual aids and electronic discovery; analyze the Federal Rules of Evidence and Federal Rules of Civil Procedure; discuss the ethical rules governing expert retention and testimony; give examples of expert witness examinations and detailed discussion of techniques for coping with lawyer questioning; and provide checklists for quick reference. The collaborative effort of Professors Lubet and Boals has resulted in a new edition worthwhile to both the expert witnesses and the lawyers who examine them.


Expert Testimony

Expert Testimony
Author: Steven Lubet
Publisher: National Institute for Trial Advocacy
Total Pages: 228
Release: 1998
Genre: Law
ISBN:

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"This concise, well-organized book covers witness credibility, preparation, direct & cross-examination, depositions, discovery, & ethics. Lubet's chapters on cross-examination & deposition testimony are especially helpful in preparing an expert to withstand an assault by the other side's lawyer. . . . Although aimed primarily at experts, Lubet's book is also an excellent resource for the lawyers who hire them. Even veteran litigators may pick up practical pointers on handling expert witnesses who want to know more than what a retaining lawyer has told them. Lubet, who also wrote a trial practice handbook for the National Institute for Trial Advocacy, is a master at leading one through complex materials, which is helpful for novice trial lawyers facing their first trials . . . . He provides clear information about testifying, & he bolsters the information with good examples. The chapters on direct & cross-examinations are good for both lawyers & experts. Lawyers should read this book for a primer an direct & crossBy analyzing & demystifying every aspect of expert testimony, Lubet has created a work that is indispensable to accountants, physicians, psychologists, forensic scientists, engineers, attorneys, & those who are retained as or engage the services of expert witnesses.


Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.