Sentences with phrase «by expert witnesses»

Although it is difficult to quantify the difference made by expert witness training, credit must go to those who have voluntarily spent time and money attending courses.

Technology should have played a significant role in any demonstration by expert witnesses.

In most cases, the law requires that the liability and damages suffered by the plaintiff must be proven by expert witnesses.

The opinion evidence put forward by the expert witness is based on evidence of fact.

And that division seems to apply equally to the work done by expert witnesses.

However, what interests us here was the role played by an expert witness.

Such therapy is often recommended by expert witnesses such as a psychologist or a psychiatrist.

The trial court and later the Ohio Court of Appeals based their decisions in part on testimony by an expert witness for the broker who said it was industry practice to deduct the expenses from the departing sales associate's share of compensation.

What we learn from this case is that, while a trial court can use information provided by an expert witness as evidence as to what may be in a child's best interest, it must still independently make the decision regarding what custody arrangements are in the child's best interest after providing both parents an opportunity to present evidence at a trial.

Adding to this site's archived case summaries addressing advocacy by expert witnesses, reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, soundly criticizing an expert witness for a lack of objectivity.

A leading barrister has called for a study to examine whether anecdotal evidence of abuse and misconduct by expert witnesses is on the «industrial scale» alleged by some, as funding arrangements increase the risk of malpractice.

To the extent called to the attention of an expert witness upon cross-examination or relied upon by the expert witness in direct examination, statements contained in published treatises, periodicals, or pamphlets on a subject of history, medicine, or other science or art, established a reliable authority by the testimony or admission of the witness or by other expert testimony or by judicial notice.

«(5) If the government seeks in an action... to recover the cost of health care benefits on an aggregate basis, (b) the health care records and documents of particular individual insured persons... are not compellable except as provided under a rule of law, [or, a] practice or procedure that requires the production of documents relied on by an expert witness».

Drama - thriller The Drowning tells the story of a forensic psychologist haunted by his expert witness testimony that sent a young boy to prison for a chilling murder.

More recently, some legal scholars have revisited the concept as a way of assisting the legal system as it needs increasingly to deal with cases where intricate technical issues play a central role and are presented in opposing directions by the expert witnesses called by plaintiff and defendant.

But there is no precedent for a non-party appeal by an expert witness — and Egilman does not appear to be so affected by Peterson's ruling that he has standing to appeal it.

Of 109 experts surveyed by expert witness training provider Bond Solon, 80 % agreed with Moses LJ's comments in June, delivering judgment in R v Henderson that medical experts in practice were a «far more reliable source» of evidence.

Justice Thomas E. Hoffman wrote in his opinion, «In our view, absolute privilege must extend to reports prepared by an expert witness which form the basis of the witness» testimony.»

In today's case (Cambie Surgeries Corporation v. British Columbia) the Plaintiffs, who are suing the government of BC arguing certain Provincial health - care laws are unconstitutional, sought to introduce articles and texts cited by their expert witnesses into evidence.

These are judgment calls that are frequently made by expert witnesses who testify in divorce cases that require business valuation.

As litigators, we rely on the evidence developed by our expert witnesses, presented as their testimony opinions based on the facts, to show jurors or the court why our client should prevail.

Disbursements are «the funds paid out by the lawyer for expenses incurred in the lawsuit, such as the costs of typed transcripts and the fees charged by expert witnesses»: Irwin Law, Canadian Online Legal Dictionary, definition of «disbursements.»

Prof. Smith's concerns about renewable terms point to the central constitutional issue raised by our expert witnesses: whether Bill S - 4 can be enacted exclusively by Parliament, or also requires agreement by at least seven provincial legislatures representing at least 50 % of the population of all the provinces.

• Testimony given by expert witnesses.

The technical nature of the «630 Patent requires review by expert witnesses to assist the Court in construing the patent, in addition to the fact that contradictory evidence will be presented by both the Defendants and the Plaintiffs on the subject.»

The bill prohibits the court from relying upon an unproven, unscientific theory by an expert witness, among other things.

Opinions offered by expert witnesses are presumed to be based on their expertise and impartiality to the outcome of a case.

It seems to me that jury instructions could be viewed as a kind of testimony provided by an expert witness (the judge) about what verdict must be returned based on what facts the jury finds to be true...

Adding to this site's archived case summaries addressing advocacy by expert witnesses, reasons for judgement were released today by the BC Supreme Court, Kamloops Registry with critical comments about an expert witness.

Our process was developed, and is conducted, by litigation consultants who understand both the nuanced issues involved in complex commercial legal disputes and the extraordinary level of rigor demanded of evidence relied upon by expert witnesses.

The appeal division panel that awarded costs to DeMerchant and Sukonick found that the proceedings were not unwarranted at the beginning, but they became so after the law society failed to provide evidence to contradict testimony by an expert witness that held the two were following standard practice in the corporate bar.

Tim Dutton QC, a professional discipline specialist at London's Fountain Court, who took part in a Panorama documentary exposing misconduct by expert witnesses, said in his experience «charlatan forms of behaviour» by expert witnesses is rare.

The District of Columbia Court of Appeals recently adopted the standards found in Federal Rule of Evidence 702 («Rule 702»), regarding the admissibility of testimony by expert witnesses, thereby replacing the Frye («Frye») test.