Sentences with phrase «upon by expert witnesses»

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.

Not exact matches

Cheryl's knowledge is frequently utilized throughout the Midwest by Federal and District courts, where she is called upon to provide expert witness testimony in regards to training of police dogs, dog attacks, and dog behavior.

Under Rule 706 of the Federal Rules of Evidence, a court may «appoint any expert witnesses agreed upon by the parties, and may appoint expert witnesses of its own selection.»

The three analogies: (1) whereas a pre-electronic paper record can be symbolized by a piece of paper in a file drawer, an electronic record is like a drop of water in a pool of water, i.e., it is completely dependent upon its ERMS for its existence, accessibility, and «integrity» (as that word is used in the electronic records provisions of the Evidence Acts; e.g. s. 31.2 (1)(a) CEA); (2) if expert opinion evidence were rendered admissible in the way that electronic records are, there would be no evidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and injustice.

The trial judge dismissed the evidence of leading clinicians, researchers and palliative care experts about the situational and transitory nature of suicidal ideation amongst persons with disabilities approaching the ends of their lives, but overlooked comparable evidence which was relied upon by a key witness for the appellant.

Charles J decided that because of a familiar bone fragility and the parent's ability to discharge the evidential burden of possible accidental injury, there was insufficient evidence to satisfy the threshold criteria, commenting at para 155: «If parents impress a court... as credible witnesses... that is a factor in the overall factors to be taken into account which effectively reverses the degrees of likelihood placed upon the likely causative event identified by medical experts.»

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