[4]
In connection with expert witnesses and evidence, the most significant has been the Daubert case of 1993. Prior to this case, federal and state court judges had only two standards on which to determine the admissibility of evidence. The first one was relevance and the other was known as Fyre standard according to which only scientific information, which was generally accepted by the community, would be admitted. Opponents of Fyre standard argued that there were still new and emerging ideas in science, which were legitimate but not yet accepted by everyone. However Fyre standard could not be removed since relevance alone could not determine the admissibility factor since there was always a risk of allowing junk science.
In Daubert, Supreme Court instructed the federal judges to act as "gatekeepers" and allow only the evidence which was both "relevant and reliable." [5] This was done to keep junk science out which had once been broadly described as "the mirror image of real science, with much of the same form but none of the substance....It is a hodgepodge of biased data, spurious inference, and logical legerdemain
It is a catalog of every conceivable kind of error: data dredging, wishful thinking, truculent dogmatism, and, now and again, outright fraud." [6]
However while Daubert standard was a well-intentioned attempt to control the influx of junk science, it has since then been routinely misused...
Armstrong was unable to retreat to the safety of her environment to rebuild her mental strength and defenses and to begin to feel safe. Her environment became fearful, because she would wait there for Mr. Payne to return, and when he did, as she had feared, he began violently physically abusing her. Her level of fear and anxiety would have been high at the time Mr. Payne arrived home,
Expert Determination By glancing at the economies and the trading patterns of the world it can be deduced that the investments made in the petroleum business, forms a radical majority; as it involves huge and many a times capital intensive projects. The facts indicate that the conditions, economies and the states that form the parties to the oil and gas contracts change integrally, this variation causes disputes. Energy in today's world
If I was a preacher who was having a difficult time being 'biblical', then the above statement would make complete sense to me. The fact is that the Biblical Scripture does incorporate numerous concepts, values and regulations that cannot be treated or understood out of the context in which they are presented. Also, the context in which they are present is also intertwined with each other in an intricate
(Chizek, 2003) The Role legal nurse consultant may provide service in a number of roles, including but not limited to: Consulting expert Testifying expert Facility-based investigator Trainer and in-service presenter Peer reviewer Quality improvement, risk management, claims management Liability insurance marketer and clinical resource" (Chizek, 2003) As standards of care constantly change, medical and nursing staff must keep informed of current standard to develop and/or modify policies and procedures, which must be maintained and secured indefinitely. In the
Miller admitted that there were three main models used to test for such causation, but also admitted that he did not use them. The plaintiffs clearly thought that by putting an MD on the stand who would agree with their case, that would be sufficient. Perhaps they felt a jury would be sympathetic to their case, if the decision came down to a proverbial "battle of witnesses." However, in
roles of forensic accountants in preventing and detecting fraud within a business community. The paper highlights the requisites and basic responsibilities of a forensic accountant. The paper also makes references on the special cases where forensic accountants have assisted in fraud detection and prevention. Overview of Forensic Accounting Forensic accounting is the specialty area of accounting used to train an individual to develop the special accounting skills to detect and prevent
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