Legal Expert Witness Research Paper

The use of experts within the tribunal system is exploited to a greater extent in tribunals; Doctors Chartered Surveyors and other professional experts can be called to give their opinion on certain forms of evidence. This is the same typically in the court system but in tribunals the Chairperson can ask questions themselves and ask for opinions, in the courts the

Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to

To prove that injury has been committed, a case has to have certain elements. Malpractice claims are no different. The criteria of a malpractice case are similar to those in a regular personal injury claim, although more specialized. A Philadelphia personal injury attorney can help you determine if your case meets the following requirements:

The lawyer of a man who is being accused of murder contacted me. It was requested that I be the expert witness and decide if the man, Edward Gein, is mentally fit to stand trial.

While the 6th amendment gives defendants the right for an effective assistance of counsel, that doesn’t always happen. When a defendant is convicted because of his lawyer’s mistake, the court must realize that there is no way justice could be service with no trust in the conviction and essentially implies that the charges would be reversed or thrown out. To prove a claim of ineffective assistance, the defendant must be able to show a lack of performance by his or her lawyer in court. You would then have to depict how that made the trial unfair in the courtroom. The courts would then look back and see if your defense attorney acted within reason and professional standards. In Strickland v. Washington (1984), David Washington was arrested for three capital murder charges. Washington pled guilty, but told the judge he was under extreme stress for supplying food on the table for his family. The judge expressed how he had a great deal of respect for people who owe up to the actions they do. During the preparation for Washington’s hearing, his defense attorney did not perform the proper background investigation he was suppose to perfume going into a murder hearing. As a resort from lack of investigation Washington was sentenced to death on three counts of murder. Washington fought back by appealing the court’s decision explaining that his lawyer’s performance was deficient, and that his lawyer’s

Another obvious individual that can be found within the court is an attorney. They also play an important role, there are attorneys for both parties meaning the plaintiff and the defendant. Attorneys can be either hired by each party or an attorney can be appointed to them by the court. Their role in the courtroom, “is to bring out the facts that put his or her client’s case in the most favorable light, but do so using approved legal procedures… On relatively rare occasions defendants in criminal cases or parties in civil cases attempt to present their case themselves, without using a lawyer. Parties who act on their own behalf are said to act pro se” (Courtroom Participants). Attorneys represent people within the court for those who have little to no knowledge of the law. A party with an attorney has a great possibility of win a case as opposed to not having legal representation. Attorneys have

We all engage in countless transactions based either in an expressed or implied contract. Many lawsuits arise from some alleged breach of contract over terms that are unclear at best. Having an attorney standing by at the beginning of a dispute can sometimes resolve it before unnecessary litigation ensues. If litigation does occur, an attorney still is an indispensable requirement for a just outcome.

Identify each person whom you expect to call as an expert witness at trial, state the subject matter on which the expert is expected to testify, state the substance of the findings and opinions to which the expert is expected to testify and a summary of the grounds for each opinion, and, with respect to an expert whose findings and opinions were acquired in anticipation of litigation or for trial, summarize the qualifications of the expert, state the terms of the expert 's compensation, and attach to your answers any available list of publications written by the expert and any written report made by the expert concerning the expert 's findings and opinions. (Standard General Interrogatory No. 2.)

Defense attorneys need to be very cautious when in front of the judge at the court; as for they can mishandle the judges time by postponing or not having witnesses present when

Expert opinion in the court is required when the juries need assistance of an expert with special

trained with navigating the criminal justice system. Many criminal defense lawyers are public defenders who are paid by the public defender’s office. A criminal lawyer is responsible for defending a person who is charged with with a crime. A criminal defense lawyer has the right to review the prosecution’s case before it is submitted to the jury. I chose this career because i like to solve crimes and also it's a good paying job.

law and making a decision based on their knowledge and expertise along with the circumstance

When helping lawyers or attorneys for a trial, paralegals have to take up case management in a very

When a expert witness prepares for trail, it is important that they understand it is a high possibility they will be overwhelmed by the trial setting. There are several tips for a successful preparation for expert witnesses. Like for example, the expert witness must read over and know details about both sides of the case so that they will be prepared for any questions that may be asked of them. When ever a expert is speaking to the judge, jury, and the court reporters they must also remember to be straight forward with their answers and do not hesitate if possible. By doing this, it will show the judge and the jury that they are confident and appear to know what they are talking about. Expert witnesses must be prepared to hold their emotions to the side and never get defensive on the stand. Another good preparation method for expert witnesses would be to provide visual aids such as pictures, diagrams, and models to keep the judge and jury focus and excited about the trial. The last thing they need to do is to lose their attention by talking and explaining so much. Expert witnesses should also work on their body language. At all times make eye contact with the person they are addressing and do not cross their legs or fold their arms

Historically expert witness played important role in case related to domestic violene, but they used rarely in sexual assault cases, this is due to the fact that some attorneys avoid using experts in cases involving sexual assault because they fear that expert will not be qualified, that the evidence will be strictly limited, or the case will turnaround. Also they concerned the expenses involved in it and also the attorneys also belived that the information can be easily obtained by proper questioning of the witnesses instead of expert