Expert evidence

The plant engineer may be asked to give expert evidence, which means giving his opinion to the court or tribunal on the subject matter. Prior to giving evidence a proof of evidence will be prepared by the expert and will contain simply the following ... 

Morris, B. and Dadour, I. R. (2005). Forensic entomology The use of insects in legal cases, in Expert Evidence (I. Freckelton and H. Selby, Eds.). Andover, UK Thomson Publishing Services. 

Smith and Wynne, Expert Evidence Latour and Woolgar, Laboratory Life. 

Smith, R., and B. Wynne. Expert Evidence Interpreting Science in the Law. New York Roudedge, 1989. 

J. M. Challinor, in Expert Evidence, Advocacy and Practice, I. Ereckleton and H. Selby, Eds., Law Book Company, Melbourne, Australia, p. 90 (1994). 

Allocate each group of three a plate boundary and ask them to describe in detail what is happening and the direction of movement of the plates, using the combined expert evidence collected in Part 1. 

Lennard CJ and Patterson T (1999) Dactyloscopy the science of fingerprinting. In Freckelton I and Selby H (eds.) Expert Evidence in Criminal Law, pp. 45-119. Pyrmont LBC Information Services. 

Ross P (1993) Firearm discharge residues. In Freckleton I and Selhy H (eds.) Expert Evidence, vol. 4, ch. 87. Sydney The Law Book Company. 

On the basis of expert evidence by Professor D. E. Newland (1976) based on a dynamic analysis and assessment of energy requirements for both bellows to squirm and the bypass pipe to buckle as one event, the Court concluded, albeit with low probability, that the disaster resulted from a one stage failure of the 20-inch assembly as a result of conditions of pressure and temperature more severe than any which had previously prevailed but no higher than careful and conscientious plant operators could be expected to permit. The Court did, however, state that this conclusion would be readily displaced if some [other event of] greater probability to account for the rupture could be found (Secretary of State for Employment, 1975). 

Expert evidence is opinion evidence on a technical point(s). Opinion evidence is admissible from an expert but not from an ordinary witness. 

There should normally be pre-trial disclosure of expert evidence, in order to save court expense. A party will not normally be allowed to call expert evidence at trial if there has not been disclosure, unless the other side agrees. 

The Woolf Report on Access to Justice (see section 1.1.10.1), advocated greater judicial (rather than lawyer) control before trial including overcalling expert evidence. 

During testimony, the scientist must also be aware of the demands of the courts. The procedures used in the laboratory must not only rest on a firm scientific foundation but must also satisfy the criteria of admissibility. The primary rules for scientific and expert evidence are governed by federal and state statutes, the Federal Rules of Evidence, and case law (1-3). GC is a techniqne that is generally accepted by the scientific community as a reliable procednre in the analysis of physical evidence and has met all the requirements imposed by the judicial system when properly applied. 

Freckleton, I., and Selby, H. (1993). Expert Evidence, LBS Information Services, Sydney, Australia. 

On the problem of expert evidence in court in general, see B. Wynne and R. Smith eds.. Expert Evidence Interpreting Science and the Law (London, 1988). 

According to the law, liability arises in the case of violation of the commonly accepted technical rules. These mles comprise presidential decrees related to building activities, codes of practice, standards, technical specifications, etc. A basic parameter for the judgment is the elaboration of expert evidence, which the court solicits from an independent expert. 

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