Expert Witness Essays (Examples)

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[4]
In connection with expert witnesses and evidence, the most significant has been the Daubert case of 1993. Prior to this case, federal and state court judges had only two standards on which to determine the admissibility of evidence. The first one was relevance and the other was known as Fyre standard according to which only scientific information, which was generally accepted by the community, would be admitted. Opponents of Fyre standard argued that there were still new and emerging ideas in science, which were legitimate but not yet accepted by everyone. However Fyre standard could not be removed since relevance alone could not determine the admissibility factor since there was always a risk of allowing junk science.

In Daubert, Supreme Court instructed the federal judges to act as "gatekeepers" and allow only the evidence which was both "relevant and reliable." [5] This was done to keep junk science out which….

Expert Witness in Court Role
PAGES 14 WORDS 4040

Armstrong was unable to retreat to the safety of her environment to rebuild her mental strength and defenses and to begin to feel safe. Her environment became fearful, because she would wait there for Mr. Payne to return, and when he did, as she had feared, he began violently physically abusing her. Her level of fear and anxiety would have been high at the time Mr. Payne arrived home, having been exacerbated by the waiting in the environment. Her fear for her safety in the future had come to the moment of the future, in that Mr. Payne arrived home.
The battered syndrome Ms. Armstrong experienced was in no small part exacerbated by her inability to sleep. She scored two on a scale of four for sleep disturbances, and, as do those people who are in the battlefield experience, her sleep was at a superficial level, which is a level….

legal issues faced by expert witnesses and the impact the Frye test has on scientific evidence proffered at trial. This essay also covers the decision that was reached by the courts concerning the fate of expert witness and expert testimony and some of the legal issue that affects the case.
Generally, every case which involves technical or scientific issues, or professional standards, will always need expert witness as well as expert testimony. There is non-uniformity in terms of the rules that evolved and the required standards concerning expert testimony, because they vary based on the jurisdiction. A number of times juries have been asked to provide a decision between the conflicting testimonies that have been provided by two or more expert witnesses, with the court either failing to give guidance or give little. Just as pointed out more than a century ago by Judge Learned Hand, "how can the jury….

Thucydides was an Athenian, but had very little reason for offering a distorted view of the war that was eventually won by Sparta.
Jackson states, "Thucydides was an active participant in Athens for a time, he had a network of contacts, while banished to Thrace he observed the war there first hand, and as an Athenian exile he traveled along the Peloponnese" (Jackson, p.175). Thucydides wrote of a Sparta that used an eight deep fighting stance against the Athenians who could not, or did not, adapt to a style that would lead to victory when battling against that type of tactic.

Other army tactics began to be used after the Peloponnesian ar, many of which were introduced by the Spartans in order to maintain their military might. One such tactic would play a key role in the battle of Leuctra.

Of particular relevance to Leuctra, however, was the battle of Nemea in….


A person working in a professional position often handles several large projects at once and supervises the activities or output of others. A working professional needs reliable time management tactics to manage time effectively for not only the quality and efficiency of work but for personal health and stress management as well. There are three steps that one can take in order to improve their time management skills.

Step 1 - One should plan each day, week and month by prioritizing tasks in order of importance and deadline. It is not possible to tackle projects competently without first evaluating the most significant tasks and the order in which they should be completed. One should separate projects that slow down their efficiency. Then, rearrange their schedule or delegate tasks to others in order to assure that they are not hung up on a project that is costing valuable hours of focus.

Step 2….

Eye Witness Memory and Identification
In the contemporary legal environment, an eyewitness plays a critical role in the legal system. A correct eyewitness identification has helped in advancing an investigation, and can be used to solve a complex case. Despite the importance of eyewitness identification in a legal system, eyewitness misidentification is being identified as the contributing factor to wrongful convictions based on the DNA testing. Typically, the eyewitness misidentification leads to 70% of wrongful convictions based on the DNA evidence in the United States. In cases after cases, it has been proven by the DNA that eyewitnesses are mostly inaccurate. For example, a review of 311 cases reveals that 73% of the convictions have been due to the eyewitness errors leading to wrongful convictions. Evidence have also revealed that eyewitness identifications can sway strong alibis, juries and police. Unfortunately, the memory of some eyewitnesses is either unable to recall events,….

I also assumed that the nurse I was observing would likely support the doctor and try to talk the patient into changing her mind. My assumptions were incorrect. Later I took the time to reflect upon my reaction to the situation.
After thinking through the entire situation, it is my belief that she did make the right choice, she no longer wished to live a life tied to a machine, wheeled about in a chair and unable to enjoy even the smallest of pleasures. As a nurse, my approach would be to comfort the patient, understanding and giving support to the family and friends who are attempting to support the patient. The patient is experiencing enough trauma, and should be fully supported in making whatever decision is best for that particular individual.

Other nurses might disagree. One study determined that even though 80% of newly graduated nurses have developed a higher….

[Microsoft] Thus both the web-based live feedback programs as well as the product launch offers by Microsoft are highly effective methods for the company to gather customer views, interests and needs so that they can be used for betterment of their existing products as well as being useful in the development of their new products for the targeted market segment. These didactic online sessions help the company improvise their product design to suit the demands of the customers and thus improve the sales pitch for the product, which ultimately depends on customer satisfaction.
Success in ecommerce is all about providing excellent customer service and incorporating customer friendly and interactive features on the web portals. The customer must have an easy to use interface and must be able to find his way through without much hassle. Ease of use and swift navigation around the different pages of the website are important….

Chaos in the Caribbean
PAGES 4 WORDS 1269

Chaos in the Caribbean
In the 1990s, Jamaica was dealing with a major crisis in the financial sector. This is because of a series of events came together simultaneously, to create a situation where the economy would face tremendous challenges. At the heart of these issues were: rising inflation, skyrocketing interest rates, a devaluation of the Jamaican dollar, the lack of fiscal restraint on the government level and limited regulations of the financial industry. The combination of these factors created a situation where the economy went into an economic collapse. ("FINSAC Commission of Inquiry," 2010) ("Zooming in on the 90s Meltdown," 2011)

In the case of the financial sector, an outside consultant (Ted Avey) was brought in, to investigate the collapse associated with Blaise Financial. This was a large financial holding company that was considered to be: a traditional bank, a building society and an intermediary for currency transactions. In early 1996,….

(Chizek, 2003)
The ole legal nurse consultant may provide service in a number of roles, including but not limited to:

Consulting expert

Testifying expert

Facility-based investigator

Trainer and in-service presenter

Peer reviewer

Quality improvement, risk management, claims management

Liability insurance marketer and clinical resource" (Chizek, 2003)

As standards of care constantly change, medical and nursing staff must keep informed of current standard to develop and/or modify policies and procedures, which must be maintained and secured indefinitely. In the event the facility is sued, these will be used to establish the current standard during the time of the questionable occurrence. Policies and procedures also provide the legal nurse consultant with the foundation for facility documentation to be judged for compliance. (Chizek, 2003)

The minimum length of time the modified policies and procedures should be kept is the time frame of the statute of limitations in the individual jurisdiction. In most jurisdictions, the statute of limitations is two to three years."….


There are some potential problems with the use of lay testimony. One is that lay testimony is always subject to interpretation. Lay witnesses are testifying about personal sensory experiences (Nordberg, 2007). All such experiences are interpretative to some extent. Another potential problem with the use of lay testimony is that it may not be interpreted as credible relative to expert testimony. Clearly in the Dube case it was, but this is a substantial risk for a legal team to take. Expert witnesses have credibility that stems from advanced training and perceived objectivity. Lay witnesses can merely interpret their own experiences. This brings us to another weakness of lay testimony -- it can only reflect personal experience. hereas experts do not need to have direct involvement in the case events, lay witnesses do. They are therefore unable to comment on anything other than what they saw directly. The prosecution in the….

Miller admitted that there were three main models used to test for such causation, but also admitted that he did not use them. The plaintiffs clearly thought that by putting an MD on the stand who would agree with their case, that would be sufficient. Perhaps they felt a jury would be sympathetic to their case, if the decision came down to a proverbial "battle of witnesses." However, in this case there was no such battle. Dr. Miller was not an expert and while his testimony was not excluded on those grounds, it could have been. Nonetheless, his lack of expertise showed through in his faulty methodology.
This hints at another point of significant from this case regarding expert testimony. hile Dr. Miller could have been excluded on Rule 702, since he was clearly not an expert, the district court did not use this as grounds for excluding his testimony.….

The impact of the psychological profiles of the offender and victims on the court evidence presented by the prosecutor and defense teams and witness use
Psychological profiling involves developing a composition of behavioral attributes. It combines psychological and sociological review of the offender. The process of profiling is anchored on the premise that if the crime scene is analyzed carefully and accurately, there is a good chance that the type of person involved in the offence will begin to surface. Therefore, it is based on the idea that some types of people manifest certain behavior tendencies and patterns. A jury informed of such patterns, is better equipped to ascertain probale suspects (Ebisike, 2007).

Profiling driven by psychological processes has an impact on the strategies and suggestions for evidence presentation by both offenders and victims. In the offender's case, profiling suggests the most effective style of interviewing to apply when such an offender….

This is usually a low standard to achieve. As long as a person acts in a way which avails the person of the protection of the laws of that state, that person has subjected themselves to the jurisdiction of that state (International Shoe).
Next, the complaint will allege subject matter jurisdiction, i.e., that the lawsuit fulfill the requirements for this court to hear it? Pertinent requirements can include how much money haws plaintiff sued for or whether the case poses a question about a federal statute or the U.S. constitution. In many cases involving litigants from different states, the Plaintiff will allege that he is suing the Defendant for an amount greater than $75,000.00, which is the minimum monetary amount for federal subject matter jurisdiction (Title 28 U.S.C. § 1332(a)) and that the Plaintiff does not reside in the state in the same state as any defendant (Am Jur Pleading….

Fault: An Alternative to the Current Tort-Based System in England and Wales
The United Kingdom

statistics regarding claims

THE NATIONAL HEALTH SYSTEM

OBSTACLES TO DUE PROCESS

THE CASE FOR REFORM

THE REGULATORY ENVIRONMENT

THE RISING COST OF LITIGATION

LORD WOOLF'S REFORMS

MORE COST CONTROLS

THE UNITED STATES

PAUL'S PULLOUT

THE INSURANCE INDUSTRY

TORT REFORM IN AMERICA

FLEEING PHYSICIANS

STATISTICS FOR ERROR, INJURY AND DEATH

THE CALL FOR REFORM IN 2003: A FAMILIAR REFRAIN

THE UNITED STATES SITUATION, IN SUMMARY

NEW ZEALAND CASE STUDIES

THE SWEDISH SCHEME

COMPARISON: WHICH SYSTEM IS BETTER?

FIRST: UNDERLYING DIFFERENCES

TALKING TORT: AMERICAN PECULIARITIES

AMERICANS CONSIDER NO-FAULT

BRITAIN CONSIDERS NO-FAULT

CONCLUSION

Works Cited

Appendix A THE UNITED KINGDOM

INTRODUCTION

At issue is the economic effectiveness of tort law in the common law legal system of England and Wales, as applied to medical and clinical negligence and malpractice cases. In response to economic concerns and a continual rise in cases, an examination of the consideration of a proposed no-fault alternative to the current system is underway. We will explore the basis of the current system, the….

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3 Pages
Term Paper

Business - Law

Expert Witnesses Are Called Upon

Words: 894
Length: 3 Pages
Type: Term Paper

[4] In connection with expert witnesses and evidence, the most significant has been the Daubert case of 1993. Prior to this case, federal and state court judges had only…

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14 Pages
Research Proposal

Psychology

Expert Witness in Court Role

Words: 4040
Length: 14 Pages
Type: Research Proposal

Armstrong was unable to retreat to the safety of her environment to rebuild her mental strength and defenses and to begin to feel safe. Her environment became fearful,…

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3 Pages
Research Paper

Business - Law

Expert Witness and the Courts

Words: 1198
Length: 3 Pages
Type: Research Paper

legal issues faced by expert witnesses and the impact the Frye test has on scientific evidence proffered at trial. This essay also covers the decision that was reached…

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9 Pages
Term Paper

Drama - World

Experts Believe That the Battle

Words: 2392
Length: 9 Pages
Type: Term Paper

Thucydides was an Athenian, but had very little reason for offering a distorted view of the war that was eventually won by Sparta. Jackson states, "Thucydides was an active…

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12 Pages
Assessment

Teaching

Active Process of Witnessing One's

Words: 3627
Length: 12 Pages
Type: Assessment

A person working in a professional position often handles several large projects at once and supervises the activities or output of others. A working professional needs reliable time management…

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3 Pages
Literature Review

Law - Courts

Eye Witness Identification and Memory

Words: 1001
Length: 3 Pages
Type: Literature Review

Eye Witness Memory and Identification In the contemporary legal environment, an eyewitness plays a critical role in the legal system. A correct eyewitness identification has helped in advancing an investigation,…

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2 Pages
Term Paper

Health - Nursing

Critical Nursing I Recently Witnessed

Words: 811
Length: 2 Pages
Type: Term Paper

I also assumed that the nurse I was observing would likely support the doctor and try to talk the patient into changing her mind. My assumptions were incorrect.…

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5 Pages
Term Paper

Business

Ecommerce We Are Witnessing a

Words: 1386
Length: 5 Pages
Type: Term Paper

[Microsoft] Thus both the web-based live feedback programs as well as the product launch offers by Microsoft are highly effective methods for the company to gather customer views,…

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4 Pages
Case Study

Economics

Chaos in the Caribbean

Words: 1269
Length: 4 Pages
Type: Case Study

Chaos in the Caribbean In the 1990s, Jamaica was dealing with a major crisis in the financial sector. This is because of a series of events came together simultaneously, to…

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20 Pages
Term Paper

Business

Legal Nurse Consultant Business Plan

Words: 5420
Length: 20 Pages
Type: Term Paper

(Chizek, 2003) The ole legal nurse consultant may provide service in a number of roles, including but not limited to: Consulting expert Testifying expert Facility-based investigator Trainer and in-service presenter Peer reviewer Quality improvement, risk…

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3 Pages
Research Proposal

Business - Law

Roland William Dube Robbed a

Words: 903
Length: 3 Pages
Type: Research Proposal

There are some potential problems with the use of lay testimony. One is that lay testimony is always subject to interpretation. Lay witnesses are testifying about personal sensory experiences…

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3 Pages
Research Proposal

Business - Law

Rule the Case of Christophersen

Words: 902
Length: 3 Pages
Type: Research Proposal

Miller admitted that there were three main models used to test for such causation, but also admitted that he did not use them. The plaintiffs clearly thought that…

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3 Pages
Essay

Psychology

Legal Psychology and Victimization

Words: 1130
Length: 3 Pages
Type: Essay

The impact of the psychological profiles of the offender and victims on the court evidence presented by the prosecutor and defense teams and witness use Psychological profiling involves developing a…

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26 Pages
Essay

Business - Law

Protocols of Litigating a Civil

Words: 7018
Length: 26 Pages
Type: Essay

This is usually a low standard to achieve. As long as a person acts in a way which avails the person of the protection of the laws of…

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110 Pages
Thesis

Healthcare

Fault An Alternative to the Current Tort-Based

Words: 30263
Length: 110 Pages
Type: Thesis

Fault: An Alternative to the Current Tort-Based System in England and Wales The United Kingdom statistics regarding claims THE NATIONAL HEALTH SYSTEM OBSTACLES TO DUE PROCESS THE CASE FOR REFORM THE REGULATORY ENVIRONMENT THE RISING COST…

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