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Author: Michael D. Bradley
Publisher: American Geophysical Union
ISBN: 0875903096
Category : Science
Languages : en
Pages : 5
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Book Description
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.
Author: Michael D. Bradley
Publisher: American Geophysical Union
ISBN: 0875903096
Category : Science
Languages : en
Pages : 5
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Book Description
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.
Author: James G Speight
Publisher: CRC Press
ISBN: 1420052594
Category : Law
Languages : en
Pages : 232
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Book Description
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
Author: Peter W. Huber
Publisher: Basic Books
ISBN: 9780465026241
Category : Law
Languages : en
Pages : 288
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Book Description
A scathing indictment of the growing role of junk science in our courtrooms. Peter W. Huber shows how time and again lawyers have used—and the courts have accepted—spurious claims by so-called expert witnesses to win astronomical judgments that have bankrupted companies, driven doctors out of practice, and deprived us all of superior technologies and effective, life-saving therapies.
Author: William J Lux
Publisher: SAE International
ISBN: 0768061601
Category : Technology & Engineering
Languages : en
Pages : 368
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Book Description
Engineers may become involved in litigation for various reasons. Some common examples include product liability and accident investigation cases. The information and suggestions included in An Engineer in the Courtroom will enable engineers to do a proper and professional job when dealing with matters of litigation, in and out of the courtroom. Chapters Cover: Introduction The Nature of Accidents Why Go to Court? Avoiding Litigation The Litigation Process Engineers and Engineering Information How the Engineer Can Help the Attorney The Discovery Process The Deposition The Trial Questions Accident Reconstruction Definitions and Techniques Employed by Attorneys War Stories Tips for the Engineer Involved in Litigation An interesting, informative, "must-read" book for engineers involved in product design, consulting, or accident investigation, and an ideal reference for lawyers to have on hand to give to engineers serving as expert witnesses.
Author: David Carson
Publisher: John Wiley & Sons
ISBN: 047086222X
Category : Psychology
Languages : en
Pages : 688
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Book Description
The second edition of this popular international handbook highlights the developing relationship between psychology and the law. Consisting of all-new material and drawing on the work of practitioners and academics from the UK, Europe, North America and elsewhere, this volume looks not only at the more traditional elements of psychology and the law - the provision of psychological assessments about individuals to the courts - but also many of the recent developments, such as the interaction between psychologists and other professionals, decision-making by judges and juries, and the shaping of social policy and political debate. Contemporary and authoritative in its scope, the second edition of The Handbook of Psychology in Legal Contexts will again prove to be a valuable resource for scholars and students, as well as being a vital tool for all professionals working in the field. * Well known editors and an international list of authors, most of whom are leaders in their field * Focus on psychological concepts and knowledge that will enlighten best practice and research * The focus on process and issues ensures that the book is not limited in interest by specific legal codes or legislation, it is international * More than an updating of the old chapters, really a rethinking of the field and what is now important and emerging
Author: United States. Supreme Court
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1140
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Book Description
Author:
Publisher:
ISBN:
Category : Evidence, Expert
Languages : en
Pages : 652
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Book Description
Author: M. Henry Heines
Publisher: John Wiley & Sons
ISBN: 1118933176
Category : Technology & Engineering
Languages : en
Pages : 216
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Book Description
Bridges the gap between the realistic needs and questions of scientists and engineers and the legal skills of professionals in the patent field at a level accessible to those with no legal training • Written for inventors in lay terms that they can relate to or easily follow • Lays out the new features of patent law introduced by the America Invents Act of 2012 • Explains the differences between the first-to-invent and first-to-file rules and why the two rules will coexist • Focuses on the growth of new technologies in industry versus the laws protecting them
Author:
Publisher:
ISBN:
Category : Cement
Languages : en
Pages : 348
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Book Description
Author: United States. Supreme Court
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1490
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Book Description
First series, books 1-43, includes "Notes on U.S. reports" by Walter Malins Rose.
