changes in the standards for admitting expert evidence in federal civil cases since the daubert decision

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Changes In The Standards For Admitting Expert Evidence In Federal Civil Cases Since The Daubert Decision

Author : Lloyd S. Dixon
ISBN : 0833030884
Genre : Law
File Size : 58. 48 MB
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In its 1993 Daubert decision, the United States Supreme Court clarified the standards judges should use in deciding whether to admit expert evidence into federal cases. The Supreme Court directed judges to evaluate the method and reasoning underlying the expert evidence and to admit only evidence that was reliable and relevant. This study examines how judges have changed the way they evaluate expert evidence since Daubert and how the parties proposing and challenging evidence have responded as a result.

Reference Manual On Scientific Evidence

Author : Committee on Science, Technology, and Law
ISBN : 9780309214216
Genre : Political Science
File Size : 67. 83 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.

Expert Evidence And Scientific Proof In Criminal Trials

Author : Paul Roberts
ISBN : 9781351567398
Genre : Social Science
File Size : 33. 41 MB
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Forensic science evidence and expert witness testimony play an increasingly prominent role in modern criminal proceedings. Science produces powerful evidence of criminal offending, but has also courted controversy and sometimes contributed towards miscarriages of justice. The twenty-six articles and essays reproduced in this volume explore the theoretical foundations of modern scientific proof and critically consider the practical issues to which expert evidence gives rise in contemporary criminal trials. The essays are prefaced by a substantial new introduction which provides an overview and incisive commentary contextualising the key debates. The volume begins by placing ?forensic science? in interdisciplinary focus, with contributions from historical, sociological, Science and Technology Studies (STS), philosophical and jurisprudential perspectives. This is followed by closer examination of the role of forensic science and other expert evidence in criminal proceedings, exposing enduring tensions and addressing recent controversies in the relationship between science and criminal law. A third set of contributions considers the practical challenges of interpreting and communicating forensic science evidence. This perennial battle continues to be fought at the intersection between the logic of scientific inference and the psychology of the fact-finder?s ?common sense? reasoning. Finally, the volume?s fourth group of essays evaluates the (limited) success of existing procedural reforms aimed at improving the reception of expert testimony in criminal adjudication, and considers future prospects for institutional renewal - with a keen eye to comparative law models and experiences, success stories and cautionary tales.

Forensic Science Evidence And Expert Witness Testimony

Author : Paul Roberts
ISBN : 9781788111034
Genre : LAW
File Size : 60. 13 MB
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Forensic science evidence plays a pivotal role in modern criminal proceedings. Yet such evidence poses intense practical and theoretical challenges. It can be unreliable or misleading and has been associated with miscarriages of justice. In this original and insightful book, a global team of prominent scholars and practitioners explore the contemporary challenges of forensic science evidence and expert witness testimony from a variety of theoretical, practical and jurisdictional perspectives. Chapters encompass the institutional organisation of forensic science, its procedural regulation, evaluation and reform, and brim with comparative insight.

Evidence Under The Rules

Author : Christopher B. Mueller
ISBN : 9781543805444
Genre : Law
File Size : 70. 90 MB
Format : PDF, ePub, Mobi
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Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes—portability, meaningful feedback, and greater efficiency. Evidence Under the Rules: Text, Cases, and Problems is one of the most widely-adopted Evidence casebooks ever published. Structured around the Federal Rules of Evidence, the book contains carefully edited cases and secondary materials, as well as numerous problems that allow students to apply concepts during classroom exercises or on their own. Text boxes provide interesting background on select cases and additional perspectives on key issues. The Ninth Edition has been updated to include the most recent Evidence cases and developments, as well as insights into recent and pending amendments to the Federal Rules. It has been streamlined by shortening or eliminating some notes, making it even more user-friendly. It contains applications of evidence law to factual scenarios that students are likely to find particularly interesting. New to the Ninth Edition: Discussion of recent influential cases, including the Supreme Court’s decisions in Ohio v. Clark and Pena-Rodriguez v. Colorado, as well as the most contemporary federal circuit and trial court decisions New problems exploring issues on Rule 404(b) evidence, Rule 410 protections for plea bargaining statements, the Rule 606(b) ban on postverdict juror testimony, demonstrative aids, and attorney-client privilege New Comment/Perspective boxes on issues of “corporate character evidence” and the use of handwriting experts to authenticate writings after Daubert Discussion of recent amendments to the Federal Rules, such as the amendment to the Rule 803(16) Ancient Documents hearsay exception, as well as discussion of the pending proposal to amend the Rule 807 Residual exception to the hearsay rule Professors and students will benefit from: Introductory text that provides a foundation for understanding the cases and materials that follow Numerous problems that treat cutting-edge issues, allowing students to apply important concepts to contemporary evidentiary problems Guidance for answering Note questions to assist students in understanding how to approach nuanced evidentiary questions “Comment/Perspective” text boxes that provide broader perspectives to aid in understanding doctrine CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

Changes In The Standards For Admitting Expert Evidence

Author :
ISBN : NWU:35556033483132
Genre : Admissible evidence
File Size : 56. 12 MB
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Economic Foundations Of Law Second Edition

Author : Stephen Spurr
ISBN : 9781136937613
Genre : Business & Economics
File Size : 69. 36 MB
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Economic Foundations of Law (2nd ed.) provides an economic analysis of the major areas of the law: property law, torts, contracts, criminal law, civil procedure, corporation law and financial markets, taxation and labor law. In line with current trends in legal scholarship, discussion is focused on economic principles such as risk aversion, efficiency, opportunity cost, moral hazard, rent-seeking behaviour and economies of scale. Accessible, comprehensive and well written, this book uses extensive practical examples and explanations to illustrate key points. There are numerous applications to lawyers and the legal profession, with detailed discussions of subjects as diverse as the proposed market for transplantable human organs, the market for adoptions, the market for bail bonds, the unanticipated effects of Megan’s law, and issues of racial profiling. Fully updated and revised, a new chapter on labor law has also been included.

Applied Clinical Neuropsychology

Author : Jan Leslie Holtz, PhD
ISBN : 9780826104755
Genre : Psychology
File Size : 62. 26 MB
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"Luring readers in...with meticulously woven clinical vignettes, Holtz masterfully presents the mechanics and the art of neuropsychology....students will appreciate the historical roots of neuropsychology, [and] will understand the multiplex systems of current neuropsychological approaches..." -Nancy S. Koven, PhD Bates College "...there has not been an available text focusing on the application of the basic principles in clinical neuropsychological practice....Finally, a text is available to remedy this problem." -Dennis Andersen, MS, LMHC Eastern Washington University "A valuable introduction to the field of clinical neuropsychology and its terminology, this text fills a void. The reader gains an appreciation for the multifaceted role of the clinical neuropsychologist, not only as an assessor of cognitive functioning but also as a treatment professional." Lauren Littlefield, PhD, Washington College This breakthrough introductory text-unlike all other clinical neuropsychology textbooks on the market-introduces advanced undergraduate students and clinicians in training to the field by showing undergraduate students how clinical neuropsychologists actually practice their craft. The book uncovers the professional issues that clinical neuropsychologists deal with daily, including neurogenerative disorders, acquired disorders, ethical practice issues, interviewing, testing, prognosis and treatment planning, drug prescriptions, and more. Using case studies culled from the author's own clinical work, the book provides students with firsthand accounts of neuropsychology in action. As the first textbook to integrate real, practical applications of neuropsychology, it covers the assessment, diagnosis, and treatment of individuals with brain illness or injury, as opposed to examining brain structures and functions alone. This innovative, application-based approach to neuropsychology is guaranteed to give students a clear, comprehensive understanding of what neuropsychology is and what neuropsychologists do. Key features: Covers core concepts of neuropsychology, including neuroanatomy, neurophysiology, brain structure and function, and disorders of the central nervous system Includes application-based topics not covered in traditional texts, such as: differential diagnosis; individual, group, and family therapy; and psychopharmacology Discusses test theory and evaluation, examining tests of intellectual abilities, memory functioning, and more Extensive instructors' ancillary package available with test questions and nearly 100 illustrations in PowerPoint format

The New Wigmore

Author : David H. Kaye
ISBN : 0735593531
Genre : Law
File Size : 65. 89 MB
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Bna S Employment Discrimination Report

Author :
ISBN : CORNELL:31924082758503
Genre : Discrimination in employment
File Size : 66. 92 MB
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