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Changes In The Standards For Admitting Expert Evidence
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Book Synopsis Changes in the Standards for Admitting Expert Evidence in Federal Civil Cases Since the Daubert Decision by : Lloyd S. Dixon
Download or read book Changes in the Standards for Admitting Expert Evidence in Federal Civil Cases Since the Daubert Decision written by Lloyd S. Dixon and published by Minnesota Historical Society. This book was released on 2001 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its 1993 Daubert decision, the United States Supreme Court clarified the standards judges should use in deciding whether to admit expert evidence into federal cases. The Supreme Court directed judges to evaluate the method and reasoning underlying the expert evidence and to admit only evidence that was reliable and relevant. This study examines how judges have changed the way they evaluate expert evidence since Daubert and how the parties proposing and challenging evidence have responded as a result.
Book Synopsis RESEARCH BRIEF: Changes in the Standards for Admitting Expert Evidence by :
Download or read book RESEARCH BRIEF: Changes in the Standards for Admitting Expert Evidence written by and published by . This book was released on 2002 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt: Expert evidence, which often plays a critical role in the outcome of civil litigation, has long been a subject of controversy in the legal community. For many years, judges relied largely on two standards to determine whether expert evidence should be admitted into a trial: whether the evidence was relevant to the case and whether the evidence was generally accepted in the expert community. But as the importance of scientific evidence increased, observers began criticizing the relevance standard for letting into evidence too much "junk science" without a solid basis and leaving it up to the jury to assess its scientific reliability. Others argued that the general acceptance standard excluded novel expert evidence that was actually quite reliable.
Book Synopsis Changes in the Standards for Admitting Expert Evidence by :
Download or read book Changes in the Standards for Admitting Expert Evidence written by and published by . This book was released on 2002 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Expert Rules written by Paul J. Zwier and published by Aspen Publishing. This book was released on 2018-02-13 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Expert Rules answers the most commonly asked questions about experts: How do you approach an expert problem? What is the impact of Daubert on expert preparation, direct, and cross? How do you structure direct examination of an expert? How do you avoid fatal blunders when you prepare an expert? Even though Daubert is almost twenty-five years old, most attorneys are only familiar with its application to the experts they see most—local doctors. Expert Rules provides attorneys with the help they need to confront new fields manned by new or unusual experts. This concise, easy-to-follow guide provides practical and in-depth information on how to deal with an expert—from finding the expert, to helping the expert prepare her report, deposing and defending the expert, conducting expert direct and cross-examination, and helping the expert prepare factual, informative, and persuasive testimony. And this fourth edition contains new rules and strategies for experts, including strategies for preparation, mining the Internet in discovery, using exhibits, highlighting key points on direct, and more effective cross-examinations.
Book Synopsis Scientific Evidence Review by : Cynthia H. Cwik
Download or read book Scientific Evidence Review written by Cynthia H. Cwik and published by American Bar Association. This book was released on 2008 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a complete update of Monograph No. 6 focusing entirely on state and federal court expert evidence issues. The easy-to-read format provides quick access to the governing expert evidence rules in federal and state courts throughout the United States. The monograph consists of papers from each of the federal circuits. These papers analyze and summarize the key cases in each circuit and the state courts within the circuit. The book also includes in-depth commentary on the qualifications and increased scrutiny of experts, and the jurors' perception of expert testimony.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Reference Manual on Scientific Evidence by :
Download or read book Reference Manual on Scientific Evidence written by and published by . This book was released on 1994 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis When Daubert Gets Erie by : Robin Kundis Craig
Download or read book When Daubert Gets Erie written by Robin Kundis Craig and published by . This book was released on 2014 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the United States Supreme Court decided lt;igt;Daubert v. Merrell Dow Pharmaceuticals, Inc.lt;/igt; in 1993, it changed the process and standards for admitting expert testimony in federal court. Since that decision, most federal courts have assumed that the lt;igt;Daubertlt;/igt; analysis is the only standard governing the admissibility of expert testimony in federal court -- even in diversity medical malpractice and medical products liability cases.However, lt;igt;Daubertlt;/igt; did not modify, or even significantly discuss, the lt;igt;Erielt;/igt; doctrine, leaving questions unanswered regarding the admissibility of expert medical testimony when federal courts sit in diversity.In particular, states often impose medical certainty requirements on expert medical testimony that can affect that testimony's admissibility, the expert's competence to testify, or the plaintiff's burden of proof. This article argues that because these state medical certainty standards generally are substantive enough under lt;igt;Erielt;/igt; to apply in diversity cases and do not directly conflict with the Federal Rules of Evidence or the lt;igt;Daubertlt;/igt; analysis, federal courts sitting in diversity should apply the relevant state standard as well as the lt;igt;Daubertlt;/igt; analysis in diversity cases that involve medical experts.
Book Synopsis Expert evidence in criminal proceedings in England and Wales by : Great Britain: Law Commission
Download or read book Expert evidence in criminal proceedings in England and Wales written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2011-03-22 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Identifying the Culprit by : National Research Council
Download or read book Identifying the Culprit written by National Research Council and published by National Academies Press. This book was released on 2015-01-16 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifying the Culprit: Assessing Eyewitness Identification makes the case that better data collection and research on eyewitness identification, new law enforcement training protocols, standardized procedures for administering line-ups, and improvements in the handling of eyewitness identification in court can increase the chances that accurate identifications are made. This report explains the science that has emerged during the past 30 years on eyewitness identifications and identifies best practices in eyewitness procedures for the law enforcement community and in the presentation of eyewitness evidence in the courtroom. In order to continue the advancement of eyewitness identification research, the report recommends a focused research agenda.
Book Synopsis DNA Technology in Forensic Science by : National Research Council
Download or read book DNA Technology in Forensic Science written by National Research Council and published by National Academies Press. This book was released on 1992-02-01 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Matching DNA samples from crime scenes and suspects is rapidly becoming a key source of evidence for use in our justice system. DNA Technology in Forensic Science offers recommendations for resolving crucial questions that are emerging as DNA typing becomes more widespread. The volume addresses key issues: Quality and reliability in DNA typing, including the introduction of new technologies, problems of standardization, and approaches to certification. DNA typing in the courtroom, including issues of population genetics, levels of understanding among judges and juries, and admissibility. Societal issues, such as privacy of DNA data, storage of samples and data, and the rights of defendants to quality testing technology. Combining this original volume with the new update-The Evaluation of Forensic DNA Evidence-provides the complete, up-to-date picture of this highly important and visible topic. This volume offers important guidance to anyone working with this emerging law enforcement tool: policymakers, specialists in criminal law, forensic scientists, geneticists, researchers, faculty, and students.
Download or read book Daubert V. Frye written by Jennifer Routh and published by . This book was released on 2016-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Michigan Court Rules by : Kelly Stephen Searl
Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Strengthening Forensic Science in the United States by : National Research Council
Download or read book Strengthening Forensic Science in the United States written by National Research Council and published by National Academies Press. This book was released on 2009-07-29 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.
Book Synopsis The Evaluation of Forensic DNA Evidence by : National Research Council
Download or read book The Evaluation of Forensic DNA Evidence written by National Research Council and published by National Academies Press. This book was released on 1996-12-12 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1992 the National Research Council issued DNA Technology in Forensic Science, a book that documented the state of the art in this emerging field. Recently, this volume was brought to worldwide attention in the murder trial of celebrity O. J. Simpson. The Evaluation of Forensic DNA Evidence reports on developments in population genetics and statistics since the original volume was published. The committee comments on statements in the original book that proved controversial or that have been misapplied in the courts. This volume offers recommendations for handling DNA samples, performing calculations, and other aspects of using DNA as a forensic toolâ€"modifying some recommendations presented in the 1992 volume. The update addresses two major areas: Determination of DNA profiles. The committee considers how laboratory errors (particularly false matches) can arise, how errors might be reduced, and how to take into account the fact that the error rate can never be reduced to zero. Interpretation of a finding that the DNA profile of a suspect or victim matches the evidence DNA. The committee addresses controversies in population genetics, exploring the problems that arise from the mixture of groups and subgroups in the American population and how this substructure can be accounted for in calculating frequencies. This volume examines statistical issues in interpreting frequencies as probabilities, including adjustments when a suspect is found through a database search. The committee includes a detailed discussion of what its recommendations would mean in the courtroom, with numerous case citations. By resolving several remaining issues in the evaluation of this increasingly important area of forensic evidence, this technical update will be important to forensic scientists and population geneticistsâ€"and helpful to attorneys, judges, and others who need to understand DNA and the law. Anyone working in laboratories and in the courts or anyone studying this issue should own this book.
Book Synopsis Essays in Conveyancing and Property Law in Honour of Professor Robert Rennie by : Frankie McCarthy
Download or read book Essays in Conveyancing and Property Law in Honour of Professor Robert Rennie written by Frankie McCarthy and published by Open Book Publishers. This book was released on 2015-05-11 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Robert Rennie has been one of the most influential voices in Scots private law over the past thirty years. Highly respected as both an academic and a practitioner, his contribution to the development of property law and practice has been substantial and unique. This volume celebrates his retirement from the Chair of Conveyancing at the University of Glasgow in 2014 with a selection of essays written by his peers and colleagues from the judiciary, academia and legal practice. Each chapter covers a topic of particular interest to Professor Rennie during his career, from the historical development of property law rules through to the latest developments in conveyancing practice and the evolution of the rules of professional negligence. Although primarily Scottish in focus, the contributions will have much of interest to lawyers in any jurisdiction struggling with similar practical problems, particularly those with similar legal roots including the Netherlands and South Africa. As a whole, the collection is highly recommended to students, practitioners and academics.
Book Synopsis The Journalist and the Murderer by : Janet Malcolm
Download or read book The Journalist and the Murderer written by Janet Malcolm and published by Vintage. This book was released on 2011-06-22 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: A seminal work and examination of the psychopathology of journalism. Using a strange and unprecedented lawsuit by a convicted murder againt the journalist who wrote a book about his crime, Malcolm delves into the always uneasy, sometimes tragic relationship that exists between journalist and subject. Featuring the real-life lawsuit of Jeffrey MacDonald, a convicted murderer, against Joe McGinniss, the author of Fatal Vision. In Malcolm's view, neither journalist nor subject can avoid the moral impasse that is built into the journalistic situation. When the text first appeared, as a two-part article in The New Yorker, its thesis seemed so radical and its irony so pitiless that journalists across the country reacted as if stung. Her book is a work of journalism as well as an essay on journalism: it at once exemplifies and dissects its subject. In her interviews with the leading and subsidiary characters in the MacDonald-McGinniss case -- the principals, their lawyers, the members of the jury, and the various persons who testified as expert witnesses at the trial -- Malcolm is always aware of herself as a player in a game that, as she points out, she cannot lose. The journalist-subject encounter has always troubled journalists, but never before has it been looked at so unflinchingly and so ruefully. Hovering over the narrative -- and always on the edge of the reader's consciousness -- is the MacDonald murder case itself, which imparts to the book an atmosphere of anxiety and uncanniness. The Journalist and the Murderer derives from and reflects many of the dominant intellectual concerns of our time, and it will have a particular appeal for those who cherish the odd, the off-center, and the unsolved.
