The Effective Use of Forensic Experts in Construction Litigation PDF Download
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Author: Robert H. Pratt (Forensic engineer)
Publisher:
ISBN: 9781641053976
Category : Building laws
Languages : en
Pages : 256
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Book Description
This book will help a litigation or arbitration team become more persuasive in telling the story about each construction issue or problem in a way that makes the complex case easier to understand, makes the truth more self-evident, and exposes the fallacies of any attempt to obfuscate the truth.
Author: Robert H. Pratt (Forensic engineer)
Publisher:
ISBN: 9781641053976
Category : Building laws
Languages : en
Pages : 256
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Book Description
This book will help a litigation or arbitration team become more persuasive in telling the story about each construction issue or problem in a way that makes the complex case easier to understand, makes the truth more self-evident, and exposes the fallacies of any attempt to obfuscate the truth.
Author: Kerry Kester
Publisher:
ISBN: 9781641053983
Category : Building laws
Languages : en
Pages :
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Book Description
Author: Margaret Easton Arms
Publisher:
ISBN:
Category : Construction contracts
Languages : en
Pages :
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Book Description
Author: Fred Chris Smith
Publisher: Addison-Wesley Professional
ISBN: 9780201752793
Category : Computers
Languages : en
Pages : 560
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Book Description
A technical expert and a lawyer provide practical approaches for IT professionals who need to get up to speed on the role of an expert witness and how testimony works. Includes actual transcripts and case studies.
Author: Robert Horne
Publisher: John Wiley & Sons
ISBN: 1118654358
Category : Law
Languages : en
Pages : 370
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Book Description
The role of the expert witness has long been important in the resolution of construction disputes. The specialist opinion brought by the expert can aid understanding and interpretation of the facts of the dispute, and may be influential in deciding the outcome. The variety of dispute resolution procedures and the requirement for the expert witness to be independent places a heavy burden on the parties to identify and instruct an appropriate expert, and on the expert to ensure they discharge their duty in the correct manner. The Expert Witness in Construction explains, in practical terms, the way in which experts work with particular reference to the construction industry. Within this book the Expert's role is explained in legal and practical terms as a progression from understanding the basic principles by which Experts can be identified, through appointment, to giving evidence before a tribunal. At every stage commentary is given to: help and guide professionals new to the arena of expert evidence; act as a resource for those already acting as Experts; assist party representatives looking for best practice guidance on the instruction of Experts; and provide parties to disputes information on what they should expect from the Expert they appoint to explain the issues in the case. Covering all the implications of identifying, appointing, instructing and relying on experts, it will help the reader to understand why experts are instructed in the way they are, how to identify the expert that is right for a particular case and how evidence should be presented. Written by a practicing lawyer and a consultant with extensive experience of acting as an expert witness, the requirements of both the lawyer and expert are discussed. As such, it will help both parties to understand each other resulting in a closer, more productive working relationship.
Author: Gary L. Lewis
Publisher: ASCE Publications
ISBN: 9780784475409
Category : Technology & Engineering
Languages : en
Pages : 156
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Book Description
Sponsored by the Forensic Engineering Practice Committee of the Technical Council on Forensic Engineering of ASCE. This report provides the fundamentals of developing a practice that includes forensic engineering. Within the broad field of civil engineering, forensic engineering involves the investigation of performance, difficulties, or failures of buildings, structures, pipelines, foundations, airplanes, manufacturing equipment, vehicles, bridges, flood control facilities, and other engineered products. This report covers five general topics important to the practice of forensic engineering. "Qualifications" addresses commonly accepted education and experience requirements for forensic engineers. Various aspects of federal and state law are cited with an expanded section on admissibility. and disqualifications are discussed. "Investigations" shows the typical aspects of physically carrying out a forensic investigation, such as the handling of evidence for subsequent courtroom presentation. "Ethics" fulfills a professional charge to promulgate guidelines for ethical behavior of the forensic engineer. "Legal" gives a brief overview of the court system as it applies to the construction industry, including the role of the forensic engineer as an expert witness. "Business" describes the nontechnical management side of forensic engineering practices; the marketing of forensic engineering services within an acceptable ethical scheme is encouraged.
Author: Michael T. Callahan
Publisher: Michie
ISBN:
Category : Actions and defenses
Languages : en
Pages : 624
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Book Description
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309142393
Category : Law
Languages : en
Pages : 348
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Book Description
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.
Author: Christine Beck Lissitzyn
Publisher:
ISBN: 9781531002237
Category : Evidence, Criminal
Languages : en
Pages : 0
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Book Description
The second edition of Forensic Evidence in Court updates the original version, which was published in 2007. This edition continues to focus on the use of forensic evidence in criminal trials by examining particular case studies. In addition, it adds two new topics: 1. Computer and Digital Forensics 2. Firearms, Ballistics, and Toolmarks This edition includes several significant developments in the use of forensic evidence at trial since 2007. The first is the U.S. Supreme Court case, Melendez-Diaz v. Massachusetts, which established a right under the Confrontation Clause of the U.S. Constitution to cross-examine certain forensic analysts. That case involved an analyst who certified that a substance linked to the defendant was cocaine. This right was subsequently extended to an analyst who performed a blood alcohol test. However, when the Supreme Court was asked to rule on the applicability of this rule to DNA examiners, it stated that the examiner would be required to testify only if the results of the test were "testimonial" in nature. The case has been criticized and some lower courts have subsequently refused to follow it. Another significant development was the release of a report on the scientific reliability of forensic testing in many different areas issued by the National Research Council. The Report, called Strengthening Forensic Evidence: A Path Forward, called for more scientific testing and for standardization in qualification of examiners and in laboratory conditions. The only area of forensic examination that the report viewed as scientifically reliable is DNA. Various government agencies have been established to attempt to implement some of these recommendations. Funding is obviously a huge obstacle to implementing many of the recommendations. A development in forensics itself involved the extension of newer technologies in DNA testing, including a process called "Low Copy DNA," which tests quantities previously too small to type as well as DNA test kits that can be used at crime sites. A further development is the expansion of computer hacking, computer fraud and the ubiquitous nature of computers in society. We have added a new chapter to reflect what will continue to be a contentious issue in court-- "proving location and events with digital evidence." Advances in the psychological sciences have results in courts addressing issues of eyewitness testimony. Courts are coming to realize that eyewitness identifications are not as reliable as once thought. As such, courts are struggling with how best to address these issues: through jury instructions, expert testimony, or though some other method. It has come to light that eyewitness identification issues once thought to be within the "ken" of the average juror are most certainly not, and are appropriate for some manner of court intervention. This book can be used in courses for the following degrees: paralegal, criminal justice, sociology, and political science. Forensic Evidence in Court is also appropriate for use in a legal specialty course. Assignments include case law research, study of rules of evidence, how to select and prepare an expert witness, comparison of legal tests used to admit forensic evidence, study of standards used to review admission of forensic experts on appeal, and written work demonstrating critical analysis. Any attorney can teach this course, using the Teacher's Manual and sample assignments. Adjuncts experienced in criminal law or extensive use of expert testimony are particularly well suited. Guest lecturers from state forensic laboratories and state law enforcement forensic investigators give added perspective.
Author: D. G. Sunar
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 88
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Book Description
