1answer.
Ask question
Login Signup
Ask question
All categories
  • English
  • Mathematics
  • Social Studies
  • Business
  • History
  • Health
  • Geography
  • Biology
  • Physics
  • Chemistry
  • Computers and Technology
  • Arts
  • World Languages
  • Spanish
  • French
  • German
  • Advanced Placement (AP)
  • SAT
  • Medicine
  • Law
  • Engineering
Bad White [126]
3 years ago
5

Which of the following cases established testimony by expert witness?

Law
1 answer:
Ksivusya [100]3 years ago
6 0

Answer:

Explanation:

Judge is the gatekeeper

The judge is to decide whether the expert is qualified to deliver reliable testimony and whether the expert's report is sufficiently reliable to be helpful to the Trier of Fact.

Rule 702 Testimony by Experts

1) the testimony is based upon sufficient facts or data

2) the testimony is the product of reliable principles and methods.

The Supreme Court identified four tests that can be used by the gatekeeper-judge to determine whether to admit the expert testimony. It is typically understood that it is not necessary for the expert testimony to pass all four tests.

1) Tested - Whether the theory or technique used by the expert can be, and has been, tested

2) Peer Review - Whether the theory or technique has been subjected to peer review and publication

3) Error Rate - The known or potential rate of error of the method used is known or predictable

4) General Acceptance - The degree of the method's or conclusion's acceptance within the relevant scientific community

Review of five court cases

1) Frye v. United States - 1923 - established the "general acceptance" principle

2) Federal Rules of Evidence - Rule 702 - 1975 - established the rule for "scientific, technical, or other specialized knowledge" expert witness testimony

3) Daubert v. Merrell Dow Pharmaceuticals - 1993 - established the four-part Daubert test for evaluating expert testimony

4) GE v. Joiner - 1997 - confirmed the trial judge's gatekeeper role

5) Kumho Tire v. Carmichael - 1999 - expanded the Daubert tests to apply to all disciplines

United States v. 14.38 Acres of Land

A good example of the application of the Daubert Test.

This is a rare case where the appellate court overruled the trial judge's gatekeeper role.

Gatekeeper is not intended to serve as a replacement for the adversary system: Vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence.

Rule 1 - Scope and Purpose

To secure the just, speedy, and inexpensive determination of every action and proceeding. In other words, the purpose is to make the process more efficient.

The report must contain:

(i) a complete statement of all opinions the witness will express and the basis and reasons for them;

(ii) the data or other information considered by the witness in forming them;

(iii) any exhibits that will be used to summarize or support them;

(iv) the witness's qualifications, including a list of all publications authored in the previous 10 years;

(v) a list of all other cases in which, during the previous 4 years, the witness testified as an expert at trial or by deposition; and

(vi) a statement of the compensation to be paid for the study and testimony in the case.

That written report must contain, at a minimum, six items:

1) All opinions the witness will express and their foundation and reasoning;

2) Data and information considered by the witness;

3) Any exhibits that will be used while giving the testimony in court;

4) Witness qualifications, including all publications authored in the previous 10 years;

5) List of all other cases in the last four years where testimony was given as an expert at trial or deposition;

6) Description of the compensation for the study and testimony.

An appraisal report may need to be quite detailed. This may be at odds with the request of retaining counsel, who may want a less detailed report.

Report should include any exhibits which the witness anticipates using as "demonstrative evidence" during testimony.

report should include a statement of publications and testimony for the prescribed periods.

Some items of interest in this Rule are:

1 - If an objection is raised by one of the attorneys, the deponent will still be required to provide an answer, but that answer will be subject to approval by the court after hearing the objection.

2 - The deponent may refuse to answer a question only when it is necessary to preserve a privilege, enforce a limitation directly by the court, or present a motion under Rule 30(d)(4).

3 - The maximum time limit for a deposition is one day of seven hours.

4 - The deponent has the right to review and correct the transcript. He or she will have 30 days after receiving the transcript to review and submit corrections. However, this right must be affirmed and requested during the deposition. It is recommended that the appraiser expert always request this right to review and correct, as it will provide the appraiser with a copy of the transcript of the "oral report" for his or her workfile.

Rule 33 - Interrogatories to Parties

The time limit to respond is 30 days from the date of service of the interrogatories.

You might be interested in
Consider flag burning as an expression of free speech under the First Amendment. Then answer the following questions. Be specifi
Nina [5.8K]

Answer:

1

Explanation:

1. No burning the flag is not a freedom of speech. people before us fought for our country and continue too. By burning the Flag should not be done. It is done right disrepectful to soldiers ad so many people.

6 0
2 years ago
Read 2 more answers
Trace the history of public law enforcement in the United States across any century.
Vikki [24]

Answer:

The development of policing in the United States closely followed the development of policing in England. In the early colonies policing took two forms. It was both informal and communal, which is referred to as the “Watch,” or private-for-profit policing, which is called “The Big Stick” (Spitzer, 1979).

The watch system was composed of community volunteers whose primary duty was to warn of impending danger. Boston created a night watch in 1636, New York in 1658 and Philadelphia in 1700. The night watch was not a particularly effective crime control device. Watchmen often slept or drank on duty. While the watch was theoretically voluntary, many “volunteers” were simply attempting to evade military service, were conscript forced into service by their town, or were performing watch duties as a form of punishment. Philadelphia created the first day watch in 1833 and New York instituted a day watch in 1844 as a supplement to its new municipal police force (Gaines, Kappeler, and Vaughn 1999).

Augmenting the watch system was a system of constables, official law enforcement officers, usually paid by the fee system for warrants they served. Constables had a variety of non-law enforcement functions to perform as well, including serving as land surveyors and verifying the accuracy of weights and measures. In many cities constables were given the responsibility of supervising the activities of the night watch.

These informal modalities of policing continued well after the American Revolution. It was not until the 1830s that the idea of a centralized municipal police department first emerged in the United States. In 1838, the city of Boston established the first American police force, followed by New York City in 1845, Albany, NY and Chicago in 1851, New Orleans and Cincinnati in 1853, Philadelphia in 1855, and Newark, NJ and Baltimore in 1857 (Harring 1983, Lundman 1980; Lynch 1984). By the 1880s all major U.S. cities had municipal police forces in place.

These “modern police” organizations shared similar characteristics: (1) they were publicly supported and bureaucratic in form; (2) police officers were full-time employees, not community volunteers or case-by-case fee retainers; (3) departments had permanent and fixed rules and procedures, and employment as a police officers was continuous; (4) police departments were accountable to a central governmental authority (Lundman 1980).

In the Southern states the development of American policing followed a different path. The genesis of the modern police organization in the South is the “Slave Patrol” (Platt 1982). The first formal slave patrol was created in the Carolina colonies in 1704 (Reichel 1992). Slave patrols had three primary functions: (1) to chase down, apprehend, and return to their owners, runaway slaves; (2) to provide a form of organized terror to deter slave revolts; and, (3) to maintain a form of discipline for slave-workers who were subject to summary justice, outside of the law, if they violated any plantation rules. Following the Civil War, these vigilante-style organizations evolved in modern Southern police departments primarily as a means of controlling freed slaves who were now laborers working in an agricultural caste system, and enforcing “Jim Crow” segregation laws, designed to deny freed slaves equal rights and access to the political system.

The key question, of course, is what was it about the United States in the 1830s that necessitated the development of local, centralized, bureaucratic police forces? One answer is that cities were growing. The United States was no longer a collection of small cities and rural hamlets. Urbanization was occurring at an ever-quickening pace and old informal watch and constable system was no longer adequate to control disorder. Anecdotal accounts suggest increasing crime and vice in urban centers. Mob violence, particularly violence directed at immigrants and African Americans by white youths, occurred with some frequency. Public disorder, mostly public drunkenness and sometimes prostitution, was more visible and less easily controlled in growing urban centers than it had been rural villages (Walker 1996). But evidence of an actual crime wave is lacking. So, if the modern American police force was not a direct response to crime, then what was it a response to?

Explanation:

5 0
2 years ago
The first permanent orchestra in europe was established by
KIM [24]

Answer:

Claudio Monteverdi

Explanation:

Was an Italian composer. His first opera was Orfeo which was the meeting of music an theatre.

Was presented in Italy at the theatre of the court of Mantua on 24 February 1607.

5 0
3 years ago
Court cases involving child adoption fall under which jurisdiction?
Harman [31]

Answer:

B

Explanation:

7 0
3 years ago
Read 2 more answers
What is the type of lighting that is used to the side of the object being
Novay_Z [31]

Answer: Side lighting

Explanation:

Side lighting is a light that is placed at a 45-degree to an angle of an object to show the detail f tool marks, textures, surface irregularities, polished surfaces, vehicle accident damage and small spaces.

8 0
2 years ago
Other questions:
  • Police officers can't make an arrest for every violation of law that is, they can't
    9·2 answers
  • 3.
    11·2 answers
  • Idk but hi and have a nice day god bless
    11·2 answers
  • The power of the Supreme Court to hear a case that has already been tried and ruled on in lower courts is:
    6·1 answer
  • महर्षि दयानंद का निर्वाण होने पर इन्होंने<br>ऋषि ऋण चुकाने के लिए क्या किया ?​
    5·1 answer
  • Which of the following is one of the steps in the criminal justice process?
    10·2 answers
  • describe the role of each of the three branches of government and how the U.S constitution manages their interactions
    13·1 answer
  • Which of these pretrial notions can be filed only by a defense attorney, and not by a prosecutor?
    10·1 answer
  • Anyone become my big sister please <br><br><br>myself Aditya Sharma age 16 standard 11 arts​
    13·2 answers
  • In the Legal Language, what is double jeopardy?
    9·2 answers
Add answer
Login
Not registered? Fast signup
Signup
Login Signup
Ask question!