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Fofino [41]
3 years ago
9

What role does social media play in identifying issues?

Law
1 answer:
IgorC [24]3 years ago
4 0
A. Social media identified issues
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Which of the following cases established testimony by expert witness?
Ksivusya [100]

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.

6 0
3 years ago
What computer crimes are covered by State laws?
lisabon 2012 [21]

Answer:

I assume you want to know what computer-based crimes are against the law and have consequences.

Explanation:

Online Identity Theft, Obtaining information concerning a person, Obtaining information for free that costs the public a fee, Encrypting or decrypting data, etc. In certain states like Alaska these are considered as a Class C felony.

(P.S. FindLaw is a good website to help with subjects like this)

8 0
3 years ago
You are the juvenile court judge. It is your responsibility to decide the appropriate disposition for Trey's case. You have hear
Vinil7 [7]

In this example, the judge is asked to decide what the appropriate disposition is for Trey's case. Disposition orders for juveniles usually fall within two categories: incarceration and non-incarceration. When it comes to non-incarceration options, probation is usually the most common one. We know that Trey was already on probation for burglary. Therefore, it is likely that probation is not a strategy that works with him and that he needs a harsher sentence.

The least serious incarceration sentence is house arrest. However, we know that Trey's father is a single father and is unable to spend time with Trey. Therefore, this would not be beneficial for them. Therefore, I would recommend that Trey is temporarily held at a juvenile hall or a juvenile detention facility, most likely followed by a period of probation.

5 0
3 years ago
What does "establishment of religion" mean? (The Establishment Clause) (Choose all answers that apply) The government can use pr
lapo4ka [179]

Answer:the government cannot discriminate non believers, the government cannot establish an official religion, the government cannot favor one religion over another

8 0
3 years ago
Como as palavras estão organizadas nas estrofes?como são as letras que compõem o poema?
Mashcka [7]

Olá. Primeiramente, é importante ressaltar que você não pode postar perguntas em português fora do campo "World Languagens". Esse não é o servidor brasileiro e sim o americano, por isso perguntas em português s´´o podem ser respondidas dessa forma.

Em segundo lugar, você não apresentou nenhum texto, o que dificulta que a sua pergunta seja respondida. Entretanto, eu posso te ajudar, afirmando que dentro das estrofes de um poema, as palavras sãpo organizadas em versos. O conjunto de versos, forma uma estrofe.

Em relação as letras, só é possivel determinar com elas são, depois que a leitura do texto for feita, mas podemos afirmar que na maioria dos casos, as letras maiusculas são usadas apenas no inivio do verso, enquanto as letras minusculas são usadas em todos os versos.

4 0
2 years ago
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