Judicial Strategies for Reviewing Conflicting Expert Evidence PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Judicial Strategies for Reviewing Conflicting Expert Evidence PDF full book. Access full book title Judicial Strategies for Reviewing Conflicting Expert Evidence by Oren Perez. Download full books in PDF and EPUB format.
Author: Oren Perez
Publisher:
ISBN:
Category :
Languages : en
Pages : 49
Get Book Here
Book Description
The article seeks to improve our understanding of the strategies judges use to deal with conflicting expert evidence. In contrast to the paradigm of the Herculean Judge, the article hypothesizes that courts resolve epistemic disputes by drawing, in part, on higher-order heuristics, which either supplement or replace in-depth scrutiny of the evidence. These strategies are the product of pragmatic pressures reflecting both epistemic and institutional constraints. Further, the article argues that these second-order strategies are not necessarily aligned with the goals of the substantive law governing the dispute (tort law in the context of this article). In order to shed light on the foregoing questions the article examines empirically the epistemic strategies employed by Israeli judges, drawing on a representative sample of tort cases. The article analyzes specifically how judges deal with conflicting experts' opinions regarding levels of medical impairment. Drawing on the findings of the empirical study and on a comprehensive literature review (covering both common law and civil law jurisdictions), the article explores the policy dilemma of how to govern expert evidence in court. It argues that the civil-law model of court-appointed experts holds significant advantages over the adversarial regime of multiple experts. The article examines the regulatory challenges underlying the adoption of a model of court-appointed experts and proposes some institutional mechanisms that respond to these challenges. These mechanisms require a departure from the classical civil-law model. The article proposes in this context a model of differential regulation, which distinguishes between various evidentiary contexts.
Author: Oren Perez
Publisher:
ISBN:
Category :
Languages : en
Pages : 49
Get Book Here
Book Description
The article seeks to improve our understanding of the strategies judges use to deal with conflicting expert evidence. In contrast to the paradigm of the Herculean Judge, the article hypothesizes that courts resolve epistemic disputes by drawing, in part, on higher-order heuristics, which either supplement or replace in-depth scrutiny of the evidence. These strategies are the product of pragmatic pressures reflecting both epistemic and institutional constraints. Further, the article argues that these second-order strategies are not necessarily aligned with the goals of the substantive law governing the dispute (tort law in the context of this article). In order to shed light on the foregoing questions the article examines empirically the epistemic strategies employed by Israeli judges, drawing on a representative sample of tort cases. The article analyzes specifically how judges deal with conflicting experts' opinions regarding levels of medical impairment. Drawing on the findings of the empirical study and on a comprehensive literature review (covering both common law and civil law jurisdictions), the article explores the policy dilemma of how to govern expert evidence in court. It argues that the civil-law model of court-appointed experts holds significant advantages over the adversarial regime of multiple experts. The article examines the regulatory challenges underlying the adoption of a model of court-appointed experts and proposes some institutional mechanisms that respond to these challenges. These mechanisms require a departure from the classical civil-law model. The article proposes in this context a model of differential regulation, which distinguishes between various evidentiary contexts.
Author: Katalin Sulyok
Publisher: Cambridge University Press
ISBN: 1108489664
Category : Business & Economics
Languages : en
Pages : 431
Get Book Here
Book Description
This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.
Author: Brian M. Barry
Publisher: Taylor & Francis
ISBN: 0429657498
Category : Law
Languages : en
Pages : 361
Get Book Here
Book Description
A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.
Author: Paul Stern
Publisher: SAGE Publications
ISBN: 1452248362
Category : Psychology
Languages : en
Pages : 205
Get Book Here
Book Description
I found the book extremely interesting and informative. I was particularly impressed with the practical advice given in the text, advice that is not often found in the legal literature. . . . The writing is clear and compelling, and Paul Stern′s style is perfect: he entertains as he educates. --Thomas D. Lyon, The Law School, University of Southern California, Los Angeles Called upon to educate courtroom decision makers, the expert witness provides testimony that is critical to achieving intelligent and just verdicts. Few judges and jury members possess the knowledge base needed to adequately understand complexities of human behavior as they relate to acts of interpersonal violence. While the lay witness can testify to actual incidents or observations, it is the "expert witness" who can provide forensic significance to such evidence. With this vital insight, courts can more accurately assess and weigh evidence, leading to more informed and appropriate decisions. Timely and accessible, The Preparation and Presentation of Expert Testimony clearly defines the need for and role of expert witnesses in litigation. Author Paul Stern demystifies the process while providing practical, stepwise guidance for those who want to prepare and present expert testimony with confidence and clarity. Beginning with discussions of the who, what, and why of expert testimony, the book also defines the role of the expert, including ethical and professional issues that may arise. Filled with tips, techniques, and case examples, chapters also show expert witnesses and attorneys how to prepare for court, how to present testimony in the most convincing and credible manner possible, how to deal with cross-examination, and how to cross-examine irresponsible expert witnesses. Anyone who may be called upon to testify--or participate in court in any way--in cases of interpersonal violence will find this book an invaluable resource. In particular, mental health professionals, medical personnel, scientists, investigators, attorneys, and judges will want to use the book to prepare themselves for the rigors involved in every aspect of expert testimony.
Author:
Publisher:
ISBN:
Category : Evidence, Expert
Languages : en
Pages : 652
Get Book Here
Book Description
Author: Max M. Houck
Publisher: CRC Press
ISBN: 1315305690
Category : Law
Languages : en
Pages : 337
Get Book Here
Book Description
A major revision of the landmark book on expert testimony Feder’s Succeeding as an Expert Witness, Successful Expert Testimony, Fifth Edition highlights the book’s value to both attorneys and expert witnesses in promoting effective, impactful courtroom testimony. The book outlines the role of expert testimony in a trial, including explanations of methods, testing, and science, the legal process, and an overview of the roles of each player. Succeeding as an expert witness requires a basic understanding of who and what experts are and what role they play in rendering their opinions within the courts. The new edition has been fully updated to present key information on the most vital topics, including the deposition, a discussion of false or unsupported testimony, adherence to scientific principles, and direct and cross-examination testimony of expert witnesses. Each chapter includes key terms, review questions, and thought-provoking discussion questions for further consideration of the topics addressed. Given many high profile cases and increasing incidents of misconduct, this edition focuses heavily on the role of ethics in expert testimony and forensic practice. The full revised chapter on ethics, covers unethical conduct of forensic witnesses, admissibility of expert testimony, inter-professional relations, abuse of and by experts, and forensic professional codes of ethics. Offering useful career insights and established trial-tested tips, forensic scientist Max M. Houck and attorney Christine Funk update renowned lawyer Harold A. Feder’s classic book. Successful Expert Testimony, Fifth Edition serves as an ideal reference for forensic science students entering the work force—in labs and investigative positions—in addition to serving as a crucial resource for more experienced civil, private, and testifying experts in all disciplines.
Author: Alfredo C. Robles Jr.
Publisher: Springer Nature
ISBN: 9811963940
Category : Law
Languages : en
Pages : 628
Get Book Here
Book Description
This book focuses on the legal and procedural problems caused by China’s default in the South China Sea Arbitration. Many of these problems arose because in several respects, China departed from the conduct of other defaulting States in cases before the International Court of Justice. The book argues that the Tribunal, confronted with the difficulties of maintaining the balance between two parties in a situation of default, drew on the full range of its powers to ensure that neither China nor the Philippines would suffer from China’s default. Further, the book describes the shortcomings of the submissions of putative amicus curiae. It refutes China’s questioning of the independence and impartiality of the experts and of the judges. In so doing, it explains the expert opinions and the Tribunal ’s assessments of the latter in the areas of satellite imagery, coral reef ecology, and navigational safety, while rebutting the half- truths and counter-truths disseminated by Chinese scholars about the proceedings. The book compares China’s threats to the independence of the Tribunal to its behavior towards Chinese judges. It places China’s accusations of bias against the Tribunal in the context of China’s domestic situation, and concludes that the Tribunal, acting independently and impartially, was able to perform the judicial function, despite China’s default.
Author: Edward J. Imwinkelried
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 538
Get Book Here
Book Description
Author: Joe S. Cecil
Publisher:
ISBN:
Category : Court-appointed experts
Languages : en
Pages : 124
Get Book Here
Book Description
Of findings and overview of the report -- Use and nonuse of court-appointed experts -- Identification and appointment of experts -- Communication with the appointed expert -- Compensation of court-appointed experts -- Alternatives to appointment of experts -- Improving the use of count-appointed experts.
Author: Paul J. Zwier
Publisher: Aspen Publishing
ISBN: 1601565763
Category : Law
Languages : en
Pages : 245
Get Book Here
Book Description
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.
