Sentences with phrase «theory by an expert witness»

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

Not exact matches

We develop and refine strategies by developing a theory of the case, analyzing jurisdiction, engaging in a productive and efficient motion practice, honing the testimony of fact and expert witnesses, and creating winning demonstratives to present the issues clearly for the judge, jury or arbitrators.

We would like to invite you and your client to meet with us to discuss an alternative means to resolve this matter in a way that is fair to our clients and respects the mandate of yours... We are of the opinion that, viewed objectively, the state of the evidence to this point demonstrates that this prosecution has no reasonable prospect of success... You have no evidence to respond to our experts and, it seems to us, no reasonable basis to expect they will be disbelieved... We think you will agree that an objective review of Mr. Marschdorf's evidence exposes serious weaknesses in the prosecution case and significant areas of agreement between the defence and your only witness... You are dependent on a theory advanced by Mr. Osborne which misconceives the law.

The Drug and Medical Device Product Liability Deskbook includes: detailed coverage of: warning - related claims and defenses; other information - based theories; strict liability; FDA - related per se liability; preemption of common law tort claims by the Food, Drug & Cosmetic Act and FDA regulations; class actions in drug and medical device litigation; theories of liability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other important topics.

FSR makes the point that safeguards exist to prevent the courts being inundated by huge volumes of speculative scientific conjecture and theory, namely in Harris above and in R v Bowman [2006] EWCA Crim 417, which set out the duties / obligations on expert witnesses, now codified in Pt 33 of the Criminal Procedures Rules (SI 2006/2636).

But having experienced it first hand and been profiled by an «expert» that I never met and who achieved a 100 % accuracy fail in attempting that profile, the use of expert witnesses can be dangerous, especially where there is no other supporting evidence but for a theory.