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E-grāmata: Law for the Expert Witness 4th edition [Taylor & Francis e-book]

(Michigan State University, East Lansing, USA)
  • Formāts: 252 pages, 2 Tables, black and white; 4 Halftones, black and white; 3 Illustrations, black and white
  • Izdošanas datums: 13-Dec-2011
  • Izdevniecība: Routledge
  • ISBN-13: 9780429248375
  • Taylor & Francis e-book
  • Cena: 155,64 €*
  • * this price gives unlimited concurrent access for unlimited time
  • Standarta cena: 222,34 €
  • Ietaupiet 30%
  • Formāts: 252 pages, 2 Tables, black and white; 4 Halftones, black and white; 3 Illustrations, black and white
  • Izdošanas datums: 13-Dec-2011
  • Izdevniecība: Routledge
  • ISBN-13: 9780429248375
Extensively updated and expanded to incorporate legislative and practical changes enacted since the publication of the previous edition, Law for the Expert Witness, Fourth Edition is designed for professionals and students requiring edification on the current processes and techniques of legal procedure.

Drawn from revised versions of the readings assigned to graduate and continuing education courses taught by the author, as well as his own professional experience, the text is divided into four sections. Beginning with procedural issues that an expert witness will encounter in advance of the trial itself, the chapters cover legal paperwork, discovery, depositions and other discovery techniques, and consequences for failure to comply with discovery.

The next section addresses evidentiary issues, exploring fundamental concepts such as burden of proof, presumptions, and admissibility. It defines who is an expert and when one can testify, and describes the proper form of questions to an expert. Next, the book discusses chain of custody issues, exhibits, hearsay, and the best evidence rule.

The book includes suggestions and hints for the expert witness applicable to direct testimony as well as tips on withstanding cross-examination. The final section of the book contains excerpts from the Federal Rules of Civil Procedure and the Federal Rules of Evidence as well as a table of illustrative cases.

New topics in this Fourth Edition include:











The non-discoverability of the experts draft reports, as mandated by FRCP26 The issue of destruction of evidence as it effects discovery and tests, experiments, and chain of custody New and updated information on differing rules among states regarding who is an expert and whether that testimony will be admitted into evidence The reissuance of the Federal Rules of Civil Procedure with new subsections

Maintaining the same user-friendly style that made previous editions so popular, this volume enables expert witnesses and attorneys to present compelling evidence in court that will withstand objection from even the most challenging adversary.
Preface to the Fourth Edition xi
Acknowledgments xiii
Introduction xv
About the Author xvii
Part I Before Trial
Chapter 1 Filing Suit, or Legal Paperwork
3(6)
Complaint
3(1)
Answer
4(1)
Counterclaims, Cross-Claims, Third-Party Claims, and Class Actions
5(2)
Reference
7(2)
Chapter 2 Discovery in General
9(20)
Policy Considerations
27(1)
Reference
28(1)
Chapter 3 Depositions
29(10)
Reference
37(2)
Chapter 4 Other Discovery Techniques
39(10)
Chapter 5 Failure to Cooperate in Discovery
49(14)
Chapter 6 Pretrial Conferences
63(6)
Part II The Rules of Evidence
Chapter 7 Fundamental Concepts
69(6)
"Burden of Proof"
69(3)
Burden of Persuasion
69(1)
Beyond a Reasonable Doubt
69(1)
Preponderance of the Evidence
70(1)
Clear and Convincing Evidence
70(1)
Substantial Evidence
70(1)
Who Bears the Burden
70(1)
Burden of Going Forward
71(1)
Presumptions
71(1)
Origins of the Law of Evidence
72(1)
Weight and Admissibility
72(1)
The Fundamental Rule of Evidence
73(2)
Chapter 8 Who Is an Expert and When Can One Testify
75(14)
References
87(2)
Chapter 9 The Form of Questions to an Expert
89(10)
Chapter 10 Tests, Experiments, and the Chain of Custody
99(12)
Tests and Experiments
99(3)
Chain of Custody
102(9)
Conclusions
108(3)
Chapter 11 Common Knowledge and Routine Practice
111(2)
Chapter 12 Real Evidence
113(8)
Chapter 13 Exhibits and Demonstrations
121(10)
References
130(1)
Chapter 14 The Rule against Hearsay
131(8)
Chapter 15 Hearsay Exceptions I: Introduction
139(4)
Chapter 16 Hearsay Exceptions II: Writings and Records
143(12)
Past Recollection Recorded, Present Recollection Revived
143(8)
Business Records
144(7)
Government Records
151(4)
Chapter 17 Hearsay Exceptions III: Printed Matter
155(6)
Chapter 18 Hearsay Exceptions IV: Miscellaneous
161(4)
Chapter 19 Best Evidence Rule
165(4)
Chapter 20 A "Real" Case
169(10)
Part III Suggestions and Hints for Expert Witnesses
Chapter 21 Presenting Direct Testimony
179(6)
Organizing Narrative Testimony
179(2)
Be a Teacher
181(2)
Presenting the Testimony
183(1)
References
184(1)
Chapter 22 Withstanding Cross-Examination
185(6)
Reference
188(3)
Part IV Appendices and Case Listings
Appendix A Extracts from the Federal Rules of Civil Procedure (in Numerical Order)
191(18)
Appendix B Extracts from the Federal Rules of Evidence (in Numerical Order)
209(14)
Appendix C Table of Illustrative Cases
223(2)
Index 225
Daniel A. Bronstein is a professor at Michigan State University where he teaches environmental law in the College of Agriculture and Natural Resources, and medical jurisprudence in the medical schools. He received his bachelor of arts in biophysics from Johns Hopkins University and his bachelor of law from the University of Maryland. After practicing trial law in his native Baltimore for five years, he decided to go into teaching. He received his master of law and doctor of jurisprudential science degrees from the University of Michigan. He has taught at Michigan State University since 1972.

Bronstein was editor of Impact Assessment and Project Appraisal, the refereed journal of the International Association for Impact Assessment, from 1993 to 2000 and is currently a member of its publications committee. He is the author of five books, eleven monographs, and numerous journal articles, and is admitted to the practice of law in both Maryland and Michigan. He is an ex-officio member of the council of Section K of the American Association for the Advancement of Science and has served as chair of the Committee on Environmental Law and as a vice chair of the Committee on Scientific Evidence of the American Bar Association