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What criteria might be used to establish someone to be an expert witness?
The court decides on whether a witness is qualified as an "expert witness" or not.
Who pays for expert testimony during a trial?
Typically, the attorney pays the fees of the expert witness. It is the attorney's call whether an expert witness is required and the law firm probably has a number of expert witnesses on retainer who can be used as consultants. The attorney may pass this fee onto the client by increasing his or her fee. If public defenders are being used, the fee is paid by the public defender, hence the frequent reluctance to use such services as funds are limited.
What is an expert witness and why might one be used during a lawsuit?
An expert witness is typically an impartial professional who specializes in a specific area that makes them useful in a court of law. For example, an expert in pain management could be a useful witness in the case of an individual who has been arrested for possession of narcotics.
What do Toxicology Experts do?
A toxicology expert, in legal terms, is someone who has completed a state mandated toxicology training course. After the completion of this course, and the state has issued the toxicology certification, the certified individual can be used as an expert witness in trial to identify what "he believes the suspect was on" regarding toxins or chemicals.
Can a witness plead the 5th during a trial to avoid self-incrimination?
Yes, a witness can plead the Fifth Amendment during a trial to avoid self-incrimination. This means they can refuse to answer questions that may reveal information that could be used against them in a criminal case.
What is One source of information that can be used in pre-trial investigation?
One source of information that can be used in pre-trial investigations is police reports. These documents provide detailed accounts of the incident, witness statements, and evidence collected during the initial investigation. They serve as a crucial foundation for understanding the circumstances surrounding the case and can help attorneys prepare their legal strategies. Additionally, police reports can also be used to identify potential witnesses and corroborate other evidence.
What does depisition do?
Deposition is a legal process where witnesses provide sworn testimony that can be used as evidence in a court case. It allows both parties to gather information before trial, and the testimony given is typically recorded and can be used to impeach a witness if their trial testimony differs.
What writer's romance novel did a court attendant mistakenly use to swear in a witness during a murder trial in Syracures?
During a murder trial in Syracuse, a court attendant mistakenly used a romance novel by Nora Roberts to swear in a witness. The mix-up caused some amusement in the court proceedings.
What is a sentence with the word testify?
This word has been recently used as a challenge to express sympathy; i.e, "Testify...".I have been called to testify in court as an expert witness.
Does original jurisdiction means to hear a case first?
Yes. The court with original jurisdiction, a trial court, is the first to hear a case and acts as a "trier of fact," examining evidence, listening to witness and expert testimony, and considering attorney arguments. The information is used to decide whether the prosecution (in a criminal trial) has proven its case "beyond a reasonable doubt." Appellate courts are not authorized to dispute accepted facts in a case, and only rule on whether the trial was fair and the laws applied were constitutional.
What is a legal deposition?
A deposition is the sworn testimony of a person which is recorded by an official court recorder. A deposition is different than testimony at a trial because it is not given in the prescence of a judge. However, it is considered testimony given under oath. It can be used to contradict testimony given at trial by the same witness. For example, if at a depostion the witness says he saw a blue 4-door Ford Taurus and later at the trial he states he saw a red two door Chevy, a depostion statement can be used to show the witness has changed his story.
What were the methods used to determine a person guilt or innocence?
In historical contexts, guilt or innocence were often determined through methods like trial by combat, trial by ordeal, or through the testimony of witnesses. These methods were largely based on superstition, belief in divine intervention, or physical strength. In modern times, guilt or innocence is typically determined through evidence presented in a court of law, including witness testimony, physical evidence, and expert analysis.
