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Encyclopedia > Expert witness
Evidence
Part of the common law series
Types of evidence
Testimony · Documentary evidence
Physical evidence · Digital evidence
Exculpatory evidence · Scientific evidence
Demonstrative evidence
Hearsay: in U.K. law · in U.S. law
Relevance
Burden of proof
Laying a foundation
Subsequent remedial measure
Character evidence · Habit evidence
Similar fact evidence
Authentication
Chain of custody
Judicial notice · Best evidence rule
Self-authenticating document
Ancient document
Witnesses
Competence · Privilege
Direct examination · Cross-examination
Impeachment · Recorded recollection
Expert witness · Dead man statute
Hearsay (and its exceptions)
Excited utterance · Dying declaration
Party admission · Ancient document
Declarations against interest
Present sense impression · Res gestae
Learned treatise  · Implied assertion
Other areas of the common law
Contract law · Tort law · Property law
Wills and Trusts · Criminal law

An expert witness is a witness, who by virtue of education, profession, publication or experience, is believed to have special knowledge of his or her subject beyond that of the average person, sufficient that others may officially (and legally) rely upon his opinion. Image File history File links This is a lossless scalable vector image. ... The law of evidence governs the use of testimony (e. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... In law and in religion, testimony is a solemn attestation as to the truth of a matter. ... Documentary evidence is any evidence introduced at a trial in the form of documents. ... Physical evidence is any evidence introduced in a trial in the form of a physical object, intended to prove a fact in issue based on its demonstrable physical characteristics. ... Digital evidence or electronic evidence is any probative information stored or transmitted in digital form that a party to a court case may use at trial. ... Exculpatory evidence is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Demonstrative evidence is evidence used to help the fact-finder gain context for the facts of the case. ... Hearsay may refer to: Hearsay in English Law and Hearsay in United States law, a legal principle concerning the admission of evidence through repetition of out-of-court statements HearSay, a British pop group Category: ... This article is about the Hearsay rule of evidence in English law. ... Hearsay is a legal term that describes a class of evidence generally disallowed by most courts in the United States. ... Relevance, in the common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. ... In the common law, burden of proof is the obligation to prove allegations which are presented in a legal action. ... In law, to lay a foundation means to provide sufficient evidence of the authenticity and relevance for the admission of the testimony of a witness, documentary evidence, or other piece of evidence. ... A subsequent remedial measure is a term used in the law of evidence (law) in the United States to describe an improvement or repair made to a structure following an injury caused by the condition of that structure. ... Character evidence is a term used in the law of evidence in the United States to describe any testimony or document submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on the character or disposition of that person. ... Habit evidence is a term used in the law of evidence in the United States to describe any evidence submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on that persons tendancy to reflexively respond to a particular situation... In the law of evidence, similar fact evidence (or the similar fact principle) establishes the conditions under which factual evidence of past misconduct of accused can be admitted at trial for the purpose of infering that the accused committed the misconduct at issue. ... Authentication, in the law of evidence, is the process by which documentary evidence and other physical evidence is proven to be genuine, and not a forgery. ... The chain of custody is a concept in jurisprudence which applies to the handling of evidence and its integrity. ... Judicial Notice is a rule of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known that it is cannot be refuted. ... The best evidence rule is a rule of evidence in the United States that requires that when writings are introduced as evidence in a trial, the original writing must be produced unless the party can account satisfactorily for its absence. ... A self authenticating document, under the law of evidence in the United States is any document that can be admitted into evidence at a trial without any proof being submitted to support the claim that the document is what it appears to be. ... An ancient document, in the law of evidence, refers to both a means of authentication for a piece of documentary evidence, and an exception to the hearsay rule. ... This article is about witnesses in law courts. ... In law, competence is conerns the mental capacity of a individual to participate in legal proceedings. ... A privilege—etymologically private law or law relating to a specific individual—is an honour, or permissive activity granted by another person or a government. ... Direct examination (also called examination in chief) is the questioning of a witness by the party who called him or her, in a trial in a court of law. ... In law, cross-examination is the interrogation of a witness called by ones opponent. ... Witness impeachment, in the law of evidence, is the process of calling into question the credibility of an individual who is testifying in a trial. ... A recorded recollection, in the law of evidence, is a an exception to the hearsay rule which allows a witness to testify to the accuracy of a recording or documentation of their own out-of-court statement based on their recollection of the circumstances under which the statement was recorded... A dead man statute is a statute designed to prevent perjury in a civil case by prohibiting a witness who is an interested party from testifying about communications or transactions with a decedent, unless there is a waiver. ... Hearsay may refer to: Hearsay in English Law and Hearsay in United States law, a legal principle concerning the admission of evidence through repetition of out-of-court statements HearSay, a British pop group Category: ... An excited utterance, in the law of evidence, is a statement made by a person in response to a shocking event. ... In the law of evidence, a dying declaration is testimony that would normally be barred as hearsay but may nonetheless be admitted as evidence in certain kinds of cases because it constituted the last words of a dying person. ... A party admission, in the law of evidence, is any statement made by a declarant who is a party to a lawsuit, which is offered as evidence against that party. ... An ancient document, in the law of evidence, refers to both a means of authentication for a piece of documentary evidence, and an exception to the hearsay rule. ... Declarations against interest are an exception to the rule on hearsay in which a persons statement may be used, where generally the content of the statement is so predjudicial to the person making it (such as confessing to a crime or admitting liability for a tort) that they would... A present sense impression, in the law of evidence, is a statement made by a person that conveys their sense of the state of certain things at the time the statement was made. ... This article is for the legal term Res Gestae. For the article on the record of the accomplishments of the first Roman emperor, Augustus, see the article for Res Gestae Divi Augusti. ... A learned treatise, in the law of evidence, is a text that is sufficiently authoritiative in its field to be admissible as evidence in a court in support of the contentions made therein. ... In the law of evidence, an implied assertion is a statement or conduct that infers some fact. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... Tort is a legal term that means a civil wrong, as opposed to a criminal wrong, that is recognized by law as grounds for a lawsuit. ... This article or section does not cite any references or sources. ... This article needs additional references or sources for verification. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... This article is about witnesses in law courts. ... This article or section does not cite its references or sources. ... Look up Experience in Wiktionary, the free dictionary This article discusses the general concept of experience. ...

Contents

Experts in the real world

Typically, experts are relied on by both sides to a dispute for opinions on severity of injury, degree of insanity, cause of failure in a machine or other device, and the like. Look up expert in Wiktionary, the free dictionary. ... Injury is damage or harm caused to the structure or function of the body caused by an outside agent or force, which may be physical or chemical. ... Inmates at Bedlam Asylum, as portrayed by William Hogarth Insanity, or madness, is a general term for a semi-permanent, severe mental disorder. ...


The tribunal itself, or the judge, can in some systems call upon experts to technically evaluate a certain fact or action, in order to provide the court with a complete knowledge on the fact/action it is judging. The expertise has the legal value of an acquisition of data. The results of these experts are then compared to those by the experts of the parties. A tribunal is a generic term for any body acting judicially, whether or not it is called a tribunal in its title. ... This article or section does not adequately cite its references or sources. ... Look up fact in Wiktionary, the free dictionary. ... Philosophy of action is chiefly concerned with human action, intending to distinguish between activity and passivity, voluntary, intentional, culpable and involuntary actions, and related question. ...


The expert has heavy responsibility, especially in penal trials, and perjury by an expert is a severely punished crime in most countries. The use of expert witnesses is sometimes criticized in the United States because in civil trials, they are often used by both sides to advocate differing positions, and it is left up to a jury of laymen to decide which expert witness to believe. Sometimes one side has utilized an expert witness to provide fraudulent or junk science testimony in order to convince a jury. In the most general sense, penal is the body of laws that are enforced by the State in its own name and impose penalties for their violation, as opposed to civil law that seeks to redress private wrongs. ... Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ... In the common law, civil law refers to the area of law governing relations between private individuals. ... This article or section does not cite any references or sources. ... In religious organizations , the laity comprises all lay persons, i. ... In the broadest sense, a fraud is a deception made for personal gain. ... Junk or bunk science is a term used to describe purportedly scientific data, research, analyses or claims which are perceived to be driven by political, financial or other questionable motives. ... In law and in religion, testimony is a solemn attestation as to the truth of a matter. ...


In most systems, the trial (or the procedure) can be suspended in order to allow the experts to study the case and produce their results. In legal parlance, a trial is an event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute. ...


The earliest known use of an expert witness in English law came in 1782, when a court that was hearing litigation relating to the silting-up of Wells harbour in Norfolk accepted evidence from a leading civil engineer, John Smeaton. This decision by the court to accept Smeaton's evidence is widely cited as the root of modern rules on expert evidence. A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. ... The quay from the sea wall. ... Norfolk (IPA: //) is a low-lying county in East Anglia in the east of southern England. ... A civil engineer is a person who practices civil engineering. ... Portrait of John Smeaton, with the Eddystone Lighthouse in the background John Smeaton (June 8, 1724 – October 28, 1792) was a civil engineer – indeed, he is often regarded as the father of civil engineering – responsible for the design of bridges, canals, harbours and lighthouses. ...


Non-testifying experts

In the U.S., a party can hire experts to help him/her evaluate the case. For example, a car maker may hire an experienced mechanic to decide if its cars were built to specification. This kind of expert opinion will be protected from discovery. If the expert finds something that's against its client, the opposite party will not know it. This privilege is similar to the work product protected by the attorney/client privilege. In law, discovery is the pre-trial phase in a lawsuit in which each party through the law of civil procedure can request documents and other evidence from other parties or can compel the production of evidence by using a subpoena or through other discovery devices, such as requests for... Attorneys work product is a term used in American civil procedure to describe documents developed by one partys attorney in preparation for or anticipation of a lawsuit. ... Attorney/client privilege is a legal concept that protects communications between an attorney and their client(s) and keeps those communications confidential. ...


Testifying experts

If the witness needs to testify in court, the privilege is no longer protected. The expert witness's identity and nearly all documents used to prepare the testament will become discoverable. Usually an experienced lawyer will advise the expert not to take notes on documents because all of the notes will be available to the other party.


See also

The Daubert Standard is a legal precedent set in 1993 by the Supreme Court of the United States regarding the admissibility of expert witnesses testimony during legal proceedings. ... Holding The Federal Rules of Evidence do not require that techniques relied upon in expert testimony have general professional acceptance or have been subjected to peer review for that testimony to be judged reliable and admissible at trial. ... Kumho Tire Co. ... Motion in limine (Latin: at the outset) is a motion, raised before or during trial, to exclude the presentation of certain evidence to the jury. ...

Expert Witness Databases

External links


  Results from FactBites:
 
Expert Witness (307 words)
Employees of Public Service Activities (PSA) are frequently called to court to testify as expert witnesses in cases in which they have investigated a particular problem.
While their testimony may be essential to a particular case, it is not a part of their normal duties.
No witness may be required to appear in court except by subpoena; no employee will appear without a subpoena.
  More results at FactBites »

 
 

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