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Law For The Expert Witness Fourth Edition

Author: Daniel A. Bronstein
Publisher: CRC Press
ISBN: 146651633X
Size: 73.77 MB
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Extensively updated and expanded to incorporate legislative and practical changes enacted since the publication of the previous edition, Law for the Expert Witness, Fourth Edition is designed for professionals and students requiring edification on the current processes and techniques of legal procedure. Drawn from revised versions of the readings assigned to graduate and continuing education courses taught by the author, as well as his own professional experience, the text is divided into four sections. Beginning with procedural issues that an expert witness will encounter in advance of the trial itself, the chapters cover legal paperwork, discovery, depositions and other discovery techniques, and consequences for failure to comply with discovery. The next section addresses evidentiary issues, exploring fundamental concepts such as burden of proof, presumptions, and admissibility. It defines who is an expert and when one can testify, and describes the proper form of questions to an expert. Next, the book discusses chain of custody issues, exhibits, hearsay, and the best evidence rule. The book includes suggestions and hints for the expert witness applicable to direct testimony as well as tips on withstanding cross-examination. The final section of the book contains excerpts from the Federal Rules of Civil Procedure and the Federal Rules of Evidence as well as a table of illustrative cases. New topics in this Fourth Edition include: The non-discoverability of the expert’s draft reports, as mandated by FRCP26 The issue of destruction of evidence as it effects discovery and tests, experiments, and chain of custody New and updated information on differing rules among states regarding who is an expert and whether that testimony will be admitted into evidence The reissuance of the Federal Rules of Civil Procedure with new subsections Maintaining the same user-friendly style that made previous editions so popular, this volume enables expert witnesses and attorneys to present compelling evidence in court that will withstand objection from even the most challenging adversary.

Expert Testimony A Guide For Expert Witnesses And The Lawyers Who Examine Them

Author: NITA
Publisher: LexisNexis
ISBN: 1632814293
Size: 71.14 MB
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Order two copies of this book: one for yourself and one for your expert witness. It will give experts the confidence they need to be comfortable in court, and give you the skills necessary to emphasize the credibility of your experts. You can avoid pitfalls such as unintentional signals, inappropriate demeanor and appearance, and awkward body language by using Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them, Third Edition as your guide. Elizabeth Boals and Steve Lubet coauthored the Third Edition of Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them expanding and amplifying the original book with: • New guidance on the development and presentation of expert testimony in the digital age, including discussion of visual aids and electronic discovery • Updated analysis of the Federal Rules of Evidence and Federal Rules of Civil Procedure • Updated discussion of the ethical rules governing expert retention and testimony • Examples of expert witness examinations and detailed discussion of techniques for coping with lawyer questioning • Checklists for quick reference The collaborative effort of Professors Lubet and Boals has resulted in a Third Edition that is worthwhile to both the expert witnesses and the lawyers who examine them. The eBook versions of this title feature links to Lexis Advance for further legal research options.

Forensic Testimony

Author: C. Michael Bowers
Publisher: Academic Press
ISBN: 0123972604
Size: 74.41 MB
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Forensic Testimony: Science, Law and Expert Evidence—favored with an Honorable Mention in Law & Legal Studies at the Association of American Publishers' 2015 PROSE Awards—provides a clear and intuitive discussion of the legal presentation of expert testimony. The book delves into the effects, processes, and battles that occur in the presentation of opinion and scientific evidence by court-accepted forensic experts. It provides a timely review of the United States Federal Rules of Evidence (FRE) regarding expert testimony, and includes a multi-disciplinary look at the strengths and weaknesses in forensic science courtroom testimony. The statutes and the effects of judicial uses (or non-use) of the FRE, Daubert, Kumho, and the 2009 NAS Report on Forensic Science are also included. The presentation expands to study case law, legal opinions, and studies on the reliability and pitfalls of forensic expertise in the US court system. This book is an essential reference for anyone preparing to give expert testimony of forensic evidence. Honorable Mention in the 2015 PROSE Awards in Law & Legal Studies from the Association of American Publishers A multi-disciplinary forensic reference examining the strengths and weaknesses of forensic science in courtroom testimony Focuses on forensic testimony and judicial decisions in light of the Federal Rules of Evidence, case interpretations, and the NAS report findings Case studies, some from the Innocence Project, assist the reader in distinguishing good testimony from bad

Doctors And The Law

Author: Hon Hiller B Zobel (Ret )
Publisher:
ISBN: 9781539176015
Size: 25.54 MB
Format: PDF, Kindle
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Terror blended with rage is the natural and inevitable reaction of any healthcare professional suddenly facing a malpractice claim. Even a doctor merely testifying as an ordinary witness or expert, can undergo acute feelings of uncertainty as to role and performance. This book is designed to educate, soothe, and encourage anyone entering the stormy seas of litigation. The authors of Doctors and the Law share the wisdom of an unlikely pair of friends: one a retired Justice of the Massachusetts Superior Court, the other a Surgeon/Urologist and Emeritus Professor. Hon. Hiller B. Zobel and Stephen N. Rous, MD have maintained a decades-long friendship while simultaneously pursuing their independent professional paths. In 1993, they first teamed up to produce the original version of this book in an effort to help inform and guide clinicians who find themselves needing to navigate the unfamiliar waters of the legal system. This second edition, provides similar material and incorporates current day challenges presented by the now ubiquitous presence of social media, mobile devices, and electronic health records. Their combined perspectives and anecdotal approach to the subject matter, make this book an essential read for anyone who finds themselves embroiled in a legal situation, or is simply interested in learning an insider's perspective of the inner workings of our justice system.

Skills Values Discovery Practice

Author: David I.C. Thomson
Publisher: LexisNexis
ISBN: 1632812231
Size: 26.80 MB
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Skills & Values: Discovery Practice is designed to serve as an introduction to the practical application of the discovery rules. The book and the companion Web Course introduce each discovery topic briefly and then provide a context and structure for exercises and self-study. Skills & Values: Discovery Practice can be used by a professor teaching a full pre-trial course, or one focused just on discovery law. It can be used alone or in conjunction with another pre-trial text. It can be used with the problem set provided in the appendix and in the Web Course or with a professor?s own problem set. It also can be used in a mentorship program in a civil litigation law firm. Each chapter of the book offers an introduction to the key aspects of discovery and then offers exercises that focus on the governing Federal Rule of Civil Procedure (FRCP). The chapters are organized in the order that the discovery rules are most commonly used. The exercises at the end of each chapter ask the student to put the governing rules into action by actually drafting the discovery documents described in the preceding chapter. The book covers the following topics: • Planning for Discovery • Initial Disclosure • Interrogatories and Answers to Interrogatories • Document Requests and Answers to Document Requests • eDiscovery • Motion to Compel Production • Expert Witness Disclosure • Depositions of Fact and Expert Witnesses • Requests for Admission and Answers to Requests for Admission • Motion in limine • Settlement The eBook versions of this title feature links to Lexis Advance for further legal research options.

Reference Manual On Scientific Evidence

Author: Committee on Science, Technology, and Law
Publisher: National Academies Press
ISBN: 0309214211
Size: 55.23 MB
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The Reference Manual on Scientific Evidence, Third Edition, assists judges in managing cases involving complex scientific and technical evidence by describing the basic tenets of key scientific fields from which legal evidence is typically derived and by providing examples of cases in which that evidence has been used. First published in 1994 by the Federal Judicial Center, the Reference Manual on Scientific Evidence has been relied upon in the legal and academic communities and is often cited by various courts and others. Judges faced with disputes over the admissibility of scientific and technical evidence refer to the manual to help them better understand and evaluate the relevance, reliability and usefulness of the evidence being proffered. The manual is not intended to tell judges what is good science and what is not. Instead, it serves to help judges identify issues on which experts are likely to differ and to guide the inquiry of the court in seeking an informed resolution of the conflict. The core of the manual consists of a series of chapters (reference guides) on various scientific topics, each authored by an expert in that field. The topics have been chosen by an oversight committee because of their complexity and frequency in litigation. Each chapter is intended to provide a general overview of the topic in lay terms, identifying issues that will be useful to judges and others in the legal profession. They are written for a non-technical audience and are not intended as exhaustive presentations of the topic. Rather, the chapters seek to provide judges with the basic information in an area of science, to allow them to have an informed conversation with the experts and attorneys.

Criminal Litigation And Legal Issues In Criminal Procedure Readings And Hypothetical Exercises

Author: NITA
Publisher: LexisNexis
ISBN: 1632814331
Size: 35.48 MB
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The Fourth Edition of Criminal Litigation & Legal Issues in Criminal Procedure is designed to incorporate the substantive law of criminal procedure into a trial advocacy course. The traditional trial advocacy course is concerned almost exclusively with "skills training" (e.g., learning techniques for cross-examining a witness), but does not incorporate much, if any, substantive law. Conversely, a traditional substantive course on criminal law or criminal procedure focuses exclusively on legal principles and doctrine, but does not involve training students in courtroom advocacy skills concerning substantive law. In Criminal Litigation & Legal Issues in Criminal Procedure, author Brent Newton merges elements from these two types of courses into one and seeks to bridge the gap between them. The eBook versions of this title feature links to Lexis Advance for further legal research options.

Firearms The Law And Forensic Ballistics Third Edition

Author: Tom Warlow
Publisher: CRC Press
ISBN: 1439818282
Size: 58.88 MB
Format: PDF, Docs
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While gun design has undergone only minimal change over the centuries, investigative tools surrounding firearm use have grown significantly in sophistication. Now in its third edition, Firearms, the Law, and Forensic Ballistics has been updated to reflect recently published research and new technology developed since the last volume. Beginning with a discussion of the development of arms and ammunition from the fourteenth century to the present day, this book examines: Firearms laws around the world, including legal challenges raised in the U.S. by the Daubert decision Firearms manufacturing processes, the mechanisms of various firearms, and the linking of a particular bullet or spent cartridge with a suspected weapon The origins and development of new science in firearms, including controversies, pioneers, and an exposé of the "quack" purveyors of pseudo-science Internal, external, and terminal (wound) ballistics The nature, composition, and analytical detection of discharge residue left on a suspect The role of the ballistics expert at all stages of a case, ranging from the scene of the shooting incident, the post mortem examinations, the examination and testing of exhibits at the laboratory, and the presentation of evidence in court Recently introduced computer search techniques applied to captured and digitally stored images of marks left on fired bullets and spent cartridge cases Manual microscopic comparison work and computer-based searches on digital images of bullet and cartridge case marks to determine if a particular weapon has been fired in previous cases Written by an expert with more than 50 years of experience using and handling firearms, this text is enhanced with nearly 250 illustrations, making it a premier guide to the fundamentals of firearms and related evidentiary considerations.

Legal Nurse Consulting Practices Third Edition

Author: Ann M. Peterson
Publisher: CRC Press
ISBN: 1420089501
Size: 72.89 MB
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Over the past generation, the practice of legal nurse consulting has grown to include areas such as life care planning, risk management, and administrative law, as well as taking on a more diversified role in both criminal and civil law and courtroom proceedings. First published in 1997, Legal Nurse Consulting, Principles and Practices provided professionals in the field with an authoritative reference that helped further define and grow their roles. Used in LNC programs across the country, it introduced RNs to the foundations and practice areas of legal nurse consulting. Maintaining the high standards of the previous edition of this bestseller, the current editors have fully revamped this reference to match the education and reference needs of today’s LNC. Adding a wealth of new information, the book has been split into two volumes: Legal Nurse Consulting Principles, designed for students, and Legal Nurse Consulting Practices, a solid professional reference that practicing LNCs will consult again and again. Legal Nurse Consulting Practices provides the professional LNC with a wealth of new content covering processes and legal considerations in a number of areas. It explores forensics work and administrative healthcare law including insurance regulations and fraud. It discusses keys aspects of Medicare, approaches to creating a life care plan, the legal aspects of advanced practice nursing, and key concepts related to pediatrics and neonatal care. The book also describes the competencies and necessary background needed for certification and provides advice on how to advance within the profession. An authoritative reference for practitioners: Includes samples of effective and ineffective cross-examinations Explores evidentiary issues Provides guidelines for setting up an LNC practice Examines the role of LNCs in various fields Reviews the healthcare claims process Discusses case evaluation for a variety of special needs patients Contains review questions at the end of each chapter to refresh practicing LNCs Those wishing guidance on the basics of LNC should check out the companion volume, Legal Nurse Consulting Principles. These volumes are also available as a set.