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The Scientist or Engineer as an Expert Witness

The Scientist or Engineer as an Expert Witness
Author: James G Speight
Publisher: CRC Press
Total Pages: 232
Release: 2008-11-14
Genre: Law
ISBN: 1420052594

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The increased technical nature of litigation coupled with an increase in the number of cases have given rise to the need for a book specifically written for scientists and engineers called to testify as expert witnesses. Unique in its approach, The Scientist or Engineer as an Expert Witness assists these experts in clearly conveying the often compl


Expert Witnessing

Expert Witnessing
Author: Carl Meyer
Publisher: Routledge
Total Pages: 260
Release: 2020-08-18
Genre: Law
ISBN: 1000144313

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Communication problems between science and the courts are widely deplored and sometimes exploited by a variety of groups. The U.S. Supreme Court has twice tightened the law of evidence to control the flow of information, but amazingly little has been written to analyze the nature of the problem and reduce the barriers. Expert Witnesses: Explaining and Understanding Science results from the first-hand experience of the contributors-who include scientists, expert witnesses, litigators, and a judge-that the cultural and interdisciplinary communications barriers between science and the law can be greatly reduced to everybody's advantage if the parties understand and respect each other's needs and positions.


The Scientist and Engineer in Court

The Scientist and Engineer in Court
Author: Michael D. Bradley
Publisher: American Geophysical Union
Total Pages: 5
Release: 1983
Genre: Science
ISBN: 0875903096

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Published by the American Geophysical Union as part of the Water Resources Monograph Series, Volume 8. The gavel goes down, the witness is called and sworn in: "Will you tell the truth, the whole truth, and nothing but the truth, so help you God?" Every court day scientists and engineers take this oath, yet few know the duties of an expert witness and fewer still know the procedures in a lawsuit. Unprepared for the courtroom, they watch a drama unfold without benefit of the plot (Ball, 1975). Courtrooms swirl with costume and ceremony. Jury, judge, and spectators assume roles: audience, director, trier of the facts. And the lawyers! Lawyers are the key dramatis personae. Protagonist and antagonist confront one another as lawyers argue their clients cases in the courtroom. They object endlessly. They cross-examine opposing witnesses mercilessly. They speak an opaque jargon of "laches," "remittitur" and "stare decisis." They speak Latin: "ab initio," "in pari causa," "lex loci actus." They speak old French: "estoppel," "fee simple," "voire dire." And they speak law-speak: "abuse of discretion," "clearly erroneous," "malice aforethought" (Mellinkoff, 1963). They call contrary versions of the same story true. They plead for understanding and compassion. They mix independent variables called "facts" and a dependent variable called "law" into an argumentative gruel for court consumption. Then it's over, and the judge delivers his or her opinion. One lawyer calls it the decision of the decade, a magnificent example of benign, reasoned law. The other darkly threatens to appeal all the way to the Supreme Court, if necessary, to relieve an onerous and oppressive injustice. All of this is fascinating theatre, but to the unprepared scientist or engineer, the drama has none of the charm and all of the clarity of a Japanese "Noh" play.


The Expert Witness Guide for Scientists and Engineers

The Expert Witness Guide for Scientists and Engineers
Author: Alan E. Surosky
Publisher:
Total Pages: 222
Release: 1993
Genre: Law
ISBN: 9780894647499

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This text provides the technical specialist with information, both technical and legal, on how to build a successful practice in the field of forensic engineering. It explores the investigation and litigation processes and describes problems in communicating with lawyers, judges and juries.


The A-Z Guide to Expert Witnessing

The A-Z Guide to Expert Witnessing
Author: Steven Babitsky
Publisher: SEAK, Incorporated
Total Pages: 626
Release: 2006-01-01
Genre: Law
ISBN: 9781892904294

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The A to Z Guide to Expert Witnessing is the comprehensive work on expert witnessing. The topics covered include civil procedure, evidence, quali?cations, CV writing, forming and expressing opinions, report writing, testifying skills, marketing, fee setting, billing, collections, ethics, privileges, discovery, avoiding abuse and much more. It features 24 concisely written chapters, 26 appendices, hundreds of examples with easy to read summary head notes, priceless practice pointers and a detailed index. You will learn: * How to best connect with and persuade a jury * How to market yourself professionally and cost-effectively * Premium fee-setting, billing and collection techniques * Relevant rules of civil procedure and evidence, Testifying skills * Expert witness risk management, How to handle abuse by attorneys * How to maintain high ethical standards * How to bullet-proof your CV and written reports * How to meet challenges under Daubert * The limits of discovery and privilege * and much, much more Features: In the appendices you'll ?nd invaluable resources, which include: *A compendium of expert witness referral organizations, *A list of online and print directories, *A list of legal journals and other publications, *A list of forensic organizations, *A list of bar associations and other legal associations, *Model expert fee schedules, *Model fee agreements, *Model bills, and *A fee survey: what other experts are charging for their time


The Expert Witness Handbook

The Expert Witness Handbook
Author: D. G. Sunar
Publisher: Professional Publications Incorporated
Total Pages: 104
Release: 1989
Genre: Law
ISBN:

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This book explains every aspect of what an engineering expert witness is and does, who can qualify, how to find clients, how to charge for services, and much more. Extensive information is provided on conducting investigations, court procedure, and preparing and delivering convincing testimony.


Effective Expert Witnessing, Third Edition

Effective Expert Witnessing, Third Edition
Author: Jack V. Matson
Publisher: CRC Press
Total Pages: 240
Release: 1998-12-29
Genre: Law
ISBN: 9781566703406

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Effective Expert Witnessing, Third Edition incorporates recent court rulings concerned with reliability, relevancy, and admissibility of expert testimony, which have drastically altered the nature of expert witnessing and trial strategy. The author-a professional engineer who has testified as an expert for over twenty years in significant cases involving environmental issues-emphasizes the importance of the U.S. Supreme Court ruling in Daubert v. Merrill Dow Pharmaceuticals, which challenges attorneys to secure the services of experts who can survive the serious scrutiny of Federal and state judges performing a gatekeeping function to keep unreliable scientific testimony from juries. Whether you are a scientist, an engineer, an economist, a forensic expert, or a real estate appraiser, Daubert challenges and concerns must be a central aspect of your work-and that of the attorney who prepares you.


Effective Expert Witnessing

Effective Expert Witnessing
Author: Jack V. Matson
Publisher: CRC Press
Total Pages: 207
Release: 2012-08-30
Genre: Law
ISBN: 1466578645

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The testimony of an expert witness can lead to success or failure in cases that hinge on the presentation’s impact on a jury. Effective Expert Witnessing, Fifth Edition: Practices for the 21st Century explores the fundamentals of litigation, trial preparation, courtroom presentation, and the business of expert witnessing. Extensively updated to reflect new developments since the last edition, it provides practical advice enabling expert witnesses and attorneys to maximize the effectiveness of their expert testimony. The Fifth Edition includes three new chapters. The first uses a hypothetical case study to explore expert witness immunity and issues related to professional malpractice and civil liability. In a chapter on psychology and the art of expert persuasion, noted social psychologist and witness preparation specialist Ann T. Greeley reveals the psychology of juries, discusses what makes an expert effective, and provides tips for conveying effective testimony through verbal and nonverbal behavior and graphics and technology. The final chapter surveys nine of the worst mistakes an expert can make and provides tips on how to avoid them. Accompanying the book are downloadable resources in which Dr. Matson introduces video clips demonstrating effective and ineffective expert testimony at deposition and trial. The book and supplemental downloadable resources provide robust strategies ensuring that expert witnesses have the best possible advantage in presenting testimony that is credible, persuasive, and compelling.


Laws of Men and Laws of Nature

Laws of Men and Laws of Nature
Author: Tal GOLAN
Publisher: Harvard University Press
Total Pages: 336
Release: 2009-06-30
Genre: History
ISBN: 0674037693

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Tal Golan charts the use of expert testimony in British and American courtrooms from the 18th century to the present day. He assesses the standing of the expert witness, which has in recent years declined amid courtroom drama and media jeering.