[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…...
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References
1] Brown, David B., et al., "The Expert Medical Witness in the State of Michigan: A Cause for Concern," (2005) 9 Journal of Medicine and Law, at 279.
2] Anderson, Glenn R., Expert Evidence (Markham: Lexis Nexis, 2005) at page 10.
3] Anderson, Glenn R., Expert Evidence (Markham: LexisNexis, 2005), supra note 64, at page 15.
4] Anderson, Glenn R., Expert Evidence, (Markham, LexisNexis, 2005), at page 15
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…...
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Works Cited
Cawkwell, G.L. (1983) the Decline of Sparta, Classical Quarterly, Vol. 33, Issue ii, pp. 385-400
Hind, a. (2006) Weaponry: It took a humiliating major defeat to convince the Spartans to adopt the bow and arrow, Military History, Vol. 23, Issue 1, pp. 12-14
Jackson, M.W., (2007) Cracking the Thucydides code, Antioch Review, Vol. 65, Number 1, pp. 173-184
Walker, M., (2001) Bush's Choice: Athens or Sparta, World Policy, Vol. 18, Number 2, pp. 1-9
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.
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…...
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References
Drennan, J.; (2010) Critical thinking as an outcome of a Master's degree in nursing programme, Journal of Advanced Nursing, Vol. 66, Issue 2, pp. 422 -- 431
Wangensteen, S.; Johannson, I.S.; Bjorkstrom, M.E.; Nordstrom, G.; (2010) Critical thinking dispositions among newly graduated nurses, Journal of Advanced Nursing, Vol. 66, Issue 10, pp. 2170-2181
[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
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,…...
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."…...
Brown, M.R. (1999, February). America's Most Wanted J-O-B-S. Black Enterprise, 29, 109.
Chizek, Mardy. "Can you use a legal nurse consultant? These specially trained and experienced nurses can be frontline protectors against liability suits. (Feature Article)." Nursing Homes, February 1, 2003.
Clark, Scott a.. "Keys on developing the best laid business plans," the Journal Record, April 12, 1999.
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.…...
Faulk, Richard O. (1992). The Unanswered Questions of Christophersen v Allied-Signal Corporation. Villanova Environmental Law Journal. Vol. 4.1 pp 21-39.
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…...
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Works Cited
Alternative dispute resolution. U.S. Office of Special Counsel (2010, January 18).
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…...
Essay Topic Examples
1. The Evolution of the Daubert Standard: The Intersection of Law and Science:
This essay would trace the origins of the Daubert Standard, looking at the circumstances that led to the landmark 1993 Supreme Court case Daubert v. Merrell Dow harmaceuticals, Inc. It would examine how the decision to determine the admissibility of expert scientific evidence has evolved and discuss the interaction and challenges between legal standards and scientific methodology.
2. Assessing the Impact of the Daubert Standard on Forensic Science:
This topic would critically evaluate the changes in forensic science practices as a result of the Daubert Standard's criteria for scientific validity and relevance. The essay could discuss improvements in the reliability of forensic evidence, as well as the potential downsides or difficulties forensic experts face when seeking to comply with Daubert requirements in courtrooms.
3. Daubert Standard's Influence on Expert Witness Testimony:
Focus on how the establishment of the Daubert Standard…...
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Primary Sources
Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).
General Electric Co. v. Joiner, 522 U.S. 136 (1997).Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999).United States v. Scheffer, 523 U.S. 303 (1998).Federal Rules of Evidence 702. Amendments to Rule 702 by the United States Supreme Court (2000).
1. The impact of the Daubert standard on expert witness testimony in legal proceedings 2. The evolution of the Daubert standard and its implications for scientific evidence in court cases 3. The challenges and controversies surrounding the application of the Daubert standard in determining admissibility of expert testimony 4. The role of judges in implementing the Daubert standard and ensuring the reliability of expert testimony 5. The intersection of the Daubert standard with other legal standards for evidence admissibility 6. The influence of the Daubert standard on the credibility and reliability of expert witnesses in court cases 7. The importance of adherence to the Daubert....
1. An analysis of the Daubert standard and its impact on expert testimony in court cases 2. The history and evolution of the Daubert standard in the United States 3. Comparing and contrasting the Daubert standard with other admissibility standards for expert testimony 4. The role of the Daubert standard in determining the reliability and relevance of scientific evidence in court cases 5. Critiques and controversies surrounding the Daubert standard and its application in the legal system 6. Case studies of landmark court cases where the Daubert standard played a significant role in the outcome 7. The implications of the Daubert standard on the practice of....
Social class exerts a profound impact on an individual's ability to receive fair and equal access to justice. The disparities in access to legal representation, resources, and support create systemic barriers that hinder lower socio-economic groups from fully participating in the legal process.
Access to Legal Representation
One of the most significant obstacles faced by lower socio-economic classes is the lack of access to quality legal representation. The high cost of legal services can be prohibitive, making it challenging for individuals to afford an attorney who can effectively advocate for their rights. Consequently, many resort to....
The CSI effect, a phenomenon where television shows like "CSI: Crime Scene Investigation" influence public expectations of forensic science and courtroom procedures, has significantly altered perceptions of fairness within the justice system. Throughout this essay, we have explored how this effect shapes juror expectations, impacts trial outcomes, and challenges the procedural justice theory. The primary contention is that the dramatized portrayal of forensic science on television sets unrealistic standards for evidence presentation, leading to a public demand for more scientific proof in legal proceedings. This shift has profound implications for how justice is perceived and administered, often skewing the balance....
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