prove causation with expert testimony if alleged injury involves obscure medical factors. [cite]. The trickier question is whether the expert needs to demonstrate a direct causal link between the alleged injuries and the negligent act or if the expert merely must demonstrate that the plaintiff’s injuries are of a type that can be caused by the negligent act. Washington courts have come down on both sides of this question. I. Plaintiffs are Required to Present Expert Testimony for Obscure Injuries
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TESTIMONY ANALYSIS Agger and Jensen found that testimony is an open attestation of victims’ private pain and a condemnation of injustice with a psychotherapeutic effect. Testimony allows individualised pain to be experienced by the audience as personal encroachment‚ which then engenders the empathy of the audience for such pain. It can also be seen as an advocacy against political oppression and the violation of human rights. In Island of Despair‚ an Iranian refugee testified to the fact that
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identification testimony. I agree with Fraser that eyewitness testimonies are not reliable in some cases because “eyewitness testimony can be critiqued on several grounds‚ having impaired perception‚ having impaired memory‚ having inconsistent testimony‚ having bias or prejudice‚ and not having a reputation for telling the truth.” Even eyewitness testimony from honest people can sent innocent people in jail. Therefore‚ even if none of these characteristics apply‚ that does not mean that the testimony is credible
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“innocent until proven guilty” and will usually only be acquitted or prosecuted when it is proven beyond reasonable doubt‚ that he or she is innocent or guilty. Lawyers‚ on either side‚ will need to build a case for or against their client and will use testimony from eyewitnesses to do so. The merits of using eyewitnesses firsthand accounts are manifold. Firstly‚ we can figure out the actual sequence of events. By interviewing different people that were eyewitnesses of an occurrence‚ we can determine how
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The fallibility of Eyewitness Identification and Testimony INTRODUCTION: Eyewitness identification and testimonies are relied on heavily by the criminal justice system to help with investigation and prosecution of crimes and criminals. Due to the increase in the use of eyewitness identification psychologist began studying the results more efficiently to gain a clearer understanding of the risks it holds.. A scientific literature on this specific topic was created and highlighted the issues that
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for Florida simply because judges are more involved in the case itself. I feel that the Daubert standard requires expert testimony to be more specific about the language that is used and the explanation provided by the expert. The Daubert standard analyzes the science and application of the expert’s testimony. Since the Daubert standard is highly based on the expert testimony being reliable‚ vigorous cross-examination and analysis can be used to determine if the expert’s opinion is‚ in fact‚ truly
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centering from the testimonies of other witnesses who used Zap Fat‚ that their testimonies were prejudicial and has no probative value to the case. Still‚ the trial court must still make separate determination that probative value of evidence outweighs its prejudicial effect. Furthermore‚ you have not produced any facts of how the jury can be prejudiced or confused after hearing the testimonies of others who used Zap Fat in comparison to the jury if they did not hear the testimonies. The question
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Witness Ethics are very significant in testimonies given by expert witnesses. The American Bar Association (ABA) had not introduced enforceable system regarding ethics and the way attorneys ought to maintain good behaviors until 1908 (Dror‚ Kassin‚ and Kukueka‚ 2013). The organization later introduced several ethics that have been the main source of direction concerning judicial and lawyer ethics. Nevertheless‚ this paper will discuss ethics in testimonies of expert witnesses and how courts could
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a stethoscope or name badge around their neck. Eyewitness memory is important especially when dealing with criminal trials. It is important because trails rely on eyewitness memory as a crucial piece of evidence for their defense. Eyewitness testimony can have a huge impact on a jury‚ and the jury then decides whether or not they will take truth to
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personal testimonies important in sharing the gospel‚ if a person is a Christian does it matter how they live their life‚ and does it matter if Jesus was raised bodily or is spiritual resurrection sufficient. I believe that these are three very important questions in theology. The answers to these questions explain why we believe what we believe and why we as Christians practice the way that we do. II. Section One The first question I would like to discuss is why are personal testimonies important
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