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Journal articles on the topic 'Expert witness'

Author: Grafiati

Published: 4 June 2021

Last updated: 27 January 2023

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1

Verheij, Albert J., and Daniël Overgaauw. "Civil Liability of Expert Witnesses in the Netherlands: A Case Note to the UKSC Judgment in Jones v. Kaney." European Review of Private Law 21, Issue 4 (August 1, 2013): 1105–16. http://dx.doi.org/10.54648/erpl2013064.

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Abstract: The central issue of this case note is how the civil liability of expert witnesses is dealt with by Dutch law. According to Dutch law, there is neither immunity for expert witnesses nor a statutory limitation to their liability. A distinction is drawn between two types of expert witnesses: expert witnesses that are contracted by one or more of the parties to a conflict and expert witnesses that are appointed by court. The distinction between the party expert witness and the court-appointed expert witness determines the regime that governs the liability of the expert witness: contract law or tort law, respectively. In determining the liability of the expert witness, one should distinguish between different types of damages. Both a party expert witness and a court-appointed expert witness can limit their liability contractually. In most cases, expert witnesses who are being sued can successfully escape liability by invoking the defence of contributory negligence. There is no evidence that exposure to liability negatively influences the willingness to be appointed or contracted as an expert witness.

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2

First, Sue. "Expert witness." Nursing Standard 21, no. 52 (September 5, 2007): 26–27. http://dx.doi.org/10.7748/ns.21.52.26.s27.

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3

Parakh, SC. "Expert witness." Indian Journal of Anaesthesia 55, no. 4 (2011): 421. http://dx.doi.org/10.4103/0019-5049.84839.

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4

FRANKSEN, OLE IMMANUEL. "EXPERT WITNESS." Cryptologia 9, no. 1 (January 1985): 63–69. http://dx.doi.org/10.1080/0161-118591859771.

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5

Hoffman, Saul. "EXPERT WITNESS." Plastic and Reconstructive Surgery 108, no. 3 (September 2001): 802. http://dx.doi.org/10.1097/00006534-200109010-00051.

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6

McKinney, Peter. "EXPERT WITNESS." Plastic and Reconstructive Surgery 108, no. 6 (November 2001): 1840. http://dx.doi.org/10.1097/00006534-200111000-00097.

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7

Hunt, G. "Expert witness." Computer Bulletin 46, no. 3 (May 1, 2004): 29. http://dx.doi.org/10.1093/combul/46.3.29.

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8

Hammond, John. "Expert witness." Manufacturing Engineer 71, no. 5 (1992): 24. http://dx.doi.org/10.1049/me:19920088.

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9

Janulis, Diane M. "Expert Witness." Journal of Neuroscience Nursing 21, no. 3 (June 1989): 195–97. http://dx.doi.org/10.1097/01376517-198906000-00011.

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10

Du, Mingxiao. "Legal control of expert witness bias." International Journal of Evidence & Proof 21, no. 1-2 (December 29, 2016): 69–78. http://dx.doi.org/10.1177/1365712716674798.

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Impartiality of expert witnesses means that such experts operate within scientific principles and legal procedures. By doing so, they assist the trier of fact. There are two aspects to the requirements for the impartiality of expert witnesses: the individual perspective and the industry perspective. Each expert witness must follow individual standards, including avoiding irrelevant information affecting his or her opinions; applying reliable methods; employing reasonable analysis; and providing the findings in comprehensive reports (including a precise description of personal background and expert activity). They must also follow industry standards of forensic science regarding objective technical accessible demands, laboratory management and career management. Biased expert witnesses, however, will damage impartiality and impede the goal of assisting the trier of fact. Based on psychological theories such as dual process theory, authoritarian personality and intergroup threat, this paper classifies expert witness bias into four categories: (1) cognitive bias; (2) bias in the analytic process; (3) bias resulting from the position of the expert witness at trial; and (4) the social bias arising from social pressure or economic pressure. Because bias influences the relevance, credibility and impartiality of experts, steps should be taken to restrict certain categories of bias, which can be and must be controlled. Reflecting the differences between the Anglo-American legal system and the Chinese legal system, in China the bias of expert witnesses should be controlled in terms of actions, occupational management and independence of laboratories.

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11

Craig, Leam A. "Psychologists as expert witnesses: survey results from the expert witness advisory group (EWAG)." Journal of Forensic Practice 23, no. 2 (June 16, 2021): 77–89. http://dx.doi.org/10.1108/jfp-11-2020-0048.

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Purpose In January 2013, new court procedure rules were introduced in England and Wales, which resulted in significant changes to the instruction of expert witness psychologists (EWPsychs). This study aims to build on the results of previous survey studies of psychologists working as expert witnesses in identifying the current challenges faced by EWPsychs. Design/methodology/approach Using a mixed-methods design, a sample 58 practicing psychologist expert witnesses were surveyed, and qualitative data was analysed using a thematic analysis approach. Findings Six overarching themes emerged from the online survey data: training and knowledge, changes to procedure rules and Legal Aid Authority fees, quality of reports, pressures to change opinion, conflict with EWPsychs and expert witness feedback. Over a third of psychologists working as expert witness have not received specific expert witness training, with a quarter of respondents indicating that the capped legal aid fees are a determining factor in whether they accept instruction as an expert witness, and almost two-third of respondents believing that the legal aid rates do not accurately reflect the work that they do. Practical implications There is clear demand for high-quality EWPsychs and a need to develop expert witness training programmes and guidance documents to better support the next generation of EWPsychs. Originality/value These results inform existing policy, clinical practice and guidance documents in supporting psychologists working as expert witnesses.

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12

Davis, Alan, Dan Yazak, and Gilbert Kelling. "Cross-Examination of Expert Witnesses: What to Expect From the Opposing Counsel." Journal of Applied Rehabilitation Counseling 27, no. 2 (June 1, 1996): 53–58. http://dx.doi.org/10.1891/0047-2220.27.2.53.

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As increasing numbers of rehabilitation counselors and educators are asked to participate as witnesses in litigation, their conduct as witnesses during trials becomes an important area of concern. While direct testimony provides the witness with an opportunity to give familiar information, cross-examination shifts the emphasis to one often viewed as adversarial and intimidating. A review of some of the techniques and methods often utilized by cross-examiners is presented in this paper. Particular emphasis is placed on the role and functions of an expert witness during the cross-examination process.

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13

Byrne, Roger P. "THE EXPERT WITNESS." Oral and Maxillofacial Surgery Clinics of North America 7, no. 4 (November 1995): 647–58. http://dx.doi.org/10.1016/s1042-3699(20)30856-6.

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14

Walker, Joanne. "Expert Witness Qualifications." Journal of Legal Nurse Consulting 31, no. 2 (June 1, 2020): 12–15. http://dx.doi.org/10.30710/jlnc.31.2.2020.12.

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15

Berlin, Leonard. "Dishonest Expert Witness." American Journal of Roentgenology 196, no. 5 (May 2011): W660. http://dx.doi.org/10.2214/ajr.10.5546.

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16

Halperin, A. "An expert witness." British Dental Journal 201, no. 5 (September 2006): 251. http://dx.doi.org/10.1038/sj.bdj.4814038.

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17

Luria, William L. "THE EXPERT WITNESS." Plastic and Reconstructive Surgery 107, no. 1 (January 2001): 283–84. http://dx.doi.org/10.1097/00006534-200101000-00054.

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18

Gorney, Mark. "THE EXPERT WITNESS." Plastic and Reconstructive Surgery 107, no. 1 (January 2001): 284. http://dx.doi.org/10.1097/00006534-200101000-00055.

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19

Shiffman, Melvin A. "THE EXPERT WITNESS." Plastic and Reconstructive Surgery 108, no. 2 (August 2001): 585–87. http://dx.doi.org/10.1097/00006534-200108000-00071.

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20

Weaver, Jeanne L., Jada D. Kearns, and Julie M. Urban. "The Expert Witness." Proceedings of the Human Factors Society Annual Meeting 36, no. 6 (October 1992): 566–67. http://dx.doi.org/10.1177/154193129203600608.

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Although human factors principles have become increasingly well accepted within the legal community, there are new human factors professionals who have little familiarity with the expert witnessing process. While there are other sources which address specific issues related to forensic psychology, this paper seeks to provide a broad overview of related topics. Among the topics discussed are ethical considerations, information regarding the legal process, and suggestions regarding courtroom presentation.

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21

Usher, Alan. "The Expert Witness." Medicine, Science and the Law 25, no. 2 (April 1985): 111–16. http://dx.doi.org/10.1177/002580248502500207.

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22

Mansell, Martin. "Expert Witness Reflections." Medico-Legal Journal 81, no. 2 (June 2013): 55–63. http://dx.doi.org/10.1177/0025817212472848.

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23

Iannaccone, Susan T. "Expert Witness Testimony." Journal of Child Neurology 11, no. 2 (March 1996): 171. http://dx.doi.org/10.1177/088307389601100225.

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24

Mewburn, Judy. "The Expert Witness." British Journal of Perioperative Nursing (United Kingdom) 15, no. 5 (May 2005): 215–18. http://dx.doi.org/10.1177/175045890501500502.

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This article defines the role of the expert witness. The author outlines what is needed to become an expert witness and gives an overview of what is involved, highlighting the positive as well as the negative aspects of the task.

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25

Geddes, L. A. "THE EXPERT WITNESS." Journal of Clinical Engineering 15, no. 1 (January 1990): 69–70. http://dx.doi.org/10.1097/00004669-199001000-00014.

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26

Weintraub, M. I. "Expert witness testimony." Neurology 47, no. 5 (November 1, 1996): 1356. http://dx.doi.org/10.1212/wnl.47.5.1356.

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27

Hollis, Margaret. "The Expert Witness." Physiotherapy 84, no. 1 (January 1998): 51. http://dx.doi.org/10.1016/s0031-9406(05)65911-1.

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28

Rayhan, S. "Expert Witness Testimony." American Journal of Cosmetic Surgery 13, no. 3 (September 1996): 278. http://dx.doi.org/10.1177/074880689601300318.

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29

Weinstein, Jack B. "EXPERT WITNESS TESTIMONY." Neurologic Clinics 17, no. 2 (May 1999): 355–62. http://dx.doi.org/10.1016/s0733-8619(05)70138-9.

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30

Weintraub, Michael I. "EXPERT WITNESS TESTIMONY." Neurologic Clinics 17, no. 2 (May 1999): 363–69. http://dx.doi.org/10.1016/s0733-8619(05)70139-0.

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31

Horan, David William. "The Expert Witness." Clinics in Plastic Surgery 26, no. 1 (January 1999): 91–92. http://dx.doi.org/10.1016/s0094-1298(20)32324-5.

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32

Marks, Ronald B. "Expert witness testimony." Journal of Oral and Maxillofacial Surgery 47, no. 6 (June 1989): 659. http://dx.doi.org/10.1016/s0278-2391(89)80092-8.

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33

Ackerman, A. Bernard. "The expert witness." Human Pathology 17, no. 9 (September 1986): 973–74. http://dx.doi.org/10.1016/s0046-8177(86)80654-2.

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34

Haug, R. H. "The expert witness." Journal of Oral and Maxillofacial Surgery 57, no. 9 (September 1999): 1152. http://dx.doi.org/10.1016/s0278-2391(99)90357-9.

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35

Anderson, Banks. "The Expert Witness." Ophthalmology 97, no. 10 (October 1990): 1390–92. http://dx.doi.org/10.1016/s0161-6420(90)32404-1.

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36

Iffy, Leslie. "The expert witness." American Journal of Obstetrics and Gynecology 173, no. 6 (December 1995): 1898. http://dx.doi.org/10.1016/0002-9378(95)90454-9.

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37

Horton, J. Bauer, Edward Reece, Jeffrey E. Janis, George Broughton, Larry Hollier, James F. Thornton, Jeffrey M. Kenkel, and Rod J. Rohrich. "Expert Witness Reform." Plastic and Reconstructive Surgery 120, no. 7 (December 2007): 2095–100. http://dx.doi.org/10.1097/01.prs.0000296049.42259.39.

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38

Vierling, Lewis. "The Expert Witness." Professional Case Management 13, no. 5 (September 2008): 251–52. http://dx.doi.org/10.1097/01.pcama.0000336686.47328.91.

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39

Johnson, Sandra LJ. "Paediatric expert witness." Journal of Paediatrics and Child Health 49, no. 8 (March 29, 2013): 611–13. http://dx.doi.org/10.1111/jpc.12168.

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40

RHODES, ANN MARIE. "The Expert Witness." MCN, The American Journal of Maternal/Child Nursing 14, no. 1 (January 1989): 49???50. http://dx.doi.org/10.1097/00005721-198901000-00013.

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41

Quinn, Neil K., and Mary Anne H. Capron. "Expert witness testimony." Journal of Oral and Maxillofacial Surgery 46, no. 12 (December 1988): 1086–89. http://dx.doi.org/10.1016/0278-2391(88)90455-7.

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42

Portnoy, Harold D. "The expert witness." Surgical Neurology 28, no. 6 (December 1987): 473. http://dx.doi.org/10.1016/0090-3019(87)90233-3.

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43

Amon, Erol. "Expert Witness Testimony." Clinics in Perinatology 34, no. 3 (September 2007): 473–88. http://dx.doi.org/10.1016/j.clp.2007.03.016.

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44

GRONER, F. J. "THE EXPERT WITNESS." JAMA: The Journal of the American Medical Association 269, no. 20 (May 26, 1993): 2607. http://dx.doi.org/10.1001/jama.1993.03500200017005.

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45

Uzych, Leo. "Expert Witness Testimony." JAMA: The Journal of the American Medical Association 253, no. 4 (January 25, 1985): 509. http://dx.doi.org/10.1001/jama.1985.03350280065009.

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46

Wilder, Bruce. "Expert Witness Testimony." JAMA: The Journal of the American Medical Association 253, no. 4 (January 25, 1985): 509. http://dx.doi.org/10.1001/jama.1985.03350280065010.

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47

French, Alfred P. "The Expert Witness." JAMA: The Journal of the American Medical Association 254, no. 3 (July 19, 1985): 361. http://dx.doi.org/10.1001/jama.1985.03360030051018.

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48

Milroy, Christopher M. "A Brief History of the Expert Witness." Academic Forensic Pathology 7, no. 4 (December 2017): 516–26. http://dx.doi.org/10.23907/2017.044.

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Expert witnesses are now an accepted part of criminal and civil trials. The use of expert witnesses and the admissibility of their science has developed over the last 250 years, when the concept of allowing an expert witness to give opinion evidence on the facts of other witnesses was allowed by Lord Mansfield in the case of Folkes v. Chadd in 1782. This paper briefly describes how court procedures have changed over the centuries before opinion evidence was admitted and then traces the history of the expert witness in England, USA, and Canada, examining issues of admissibility and duties of the expert from the 18th century to the 21st century. The paper further describes the change in admissibility with US decisions in Frye and Daubert and how they have affected courts in the UK and Canada. Also described are recent decisions in the UK on duties of experts and immunity from suit.

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49

Váryová, Ivana, Iveta Košovská, and Alexandra Ferenczi Vaňová. "ACCOUNTING AS AN INFORMATION SOURCE FOR DETERMINATION OF GENERAL ASSET VALUE IN CONDITIONS OF THE SLOVAK REPUBLIC." Science and Studies of Accounting and Finance: Problems and Perspectives 9, no. 1 (November 25, 2014): 264–69. http://dx.doi.org/10.15544/ssaf.2014.29.

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Currently, expert witness's activities became an essential part of the development of business activities. Expert witness's activities deals with the process of determining the value based on the use of appropriate valuation methods. The basic role of expert witness's activities is valuation of the assets. In practice, expert witness' opinions are increasingly required not only by the courts and other public authorities, but also by the banking institutions, natural and legal persons. This demand stems primarily from the difference between the perception of price and the actual value of assets. The essential prerequisite for the success of a forensic expert witness's work is the access to quality information. The article's aim is to identify the information sources from which an expert witness is based on the preparation of expert witness's opinion. The theoretical and empirical research was applied in order to achieve the article's aim. The collection of empirical data was carried out using the technique of standardized interview with respondents. Based on the conducted research it can be concluded that the accounting is the principal point and the information source underlying the activity of a forensic expert witness in the determination of general asset value respectively the parts or individual assets items. Accounting presents the information source for various internal and external users. Forensic expert witnesses shall be even included to the users of accounting as regards the establishment of expertizing as a new scientific discipline.

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50

Wuffle, A. "Expert vs. Expert: Lessons from Badham v. Eu." PS: Political Science & Politics 18, no. 03 (1985): 576–81. http://dx.doi.org/10.1017/s1049096500022228.

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Professors Cain and Grofman were kind enough to suggest that I review the expert witness declarations inBadham v. Eu(D.C. California, 1984) in the light of my own previous research on expert witness testimony to identify frequently used modes of argumentation.The single most important observation I can make about the nature of the expert witness testimony inBadhamis to note its high quality. The experts inBadhamare addressing real issues. The differences among these experts rest on differing normative views and on disputes about difficult empirical and methodological questions. Moreover, the genuine expertise of these social scientists cannot be in dispute. Thus, the most common techniques used in disputations among experts: (1) impeaching an expert witness' motives (e.g., accusing him of being a “hired gun” or an “ideological partisan”); (2) downgrading his academic credentials or claims to subject matter expertise; and (3) finding instances where his testimony has been repudiated by the courts, are simply inapplicable. This has not left the experts inBadhamat a loss for words—but none of the disagreements among them are in the nature of ad hominem attacks.

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