Please update your browser

You're using a version of Internet Explorer that isn't supported by Questia.
To get a better experience, go to one of these sites and get the latest
version of your preferred browser:

Effective Expert Witnessing: Practices for the 21st Century

By Jack V. Matson; Suhu F. Daou et al. | Go to book overview

Preface

The judicial system is in a state of revolution and chaos with respect to expert witnessing. The Daubert guidelines for expert scientific testimony promulgated by the U.S. Supreme Court in 1993 are a significant part of litigation in federal court and in most state courts. The Kumho decision subsequently extended the guidelines to experts in all fields. Other Supreme Court and Federal Appeals Court decisions have further defined the limits and extent of the guidelines. Various State Appeals and Supreme Court decisions have included modifications and additions to the Daubert/Kumho guidelines.

All these actions have essentially produced trials within trials. An expert has to anticipate that the opposing council will file a motion to exclude her opinions based on nonadherence to the guidelines and that some form of a hearing may be held (depending on the judge) to qualify or exclude the expert. The judge must decide whether the expert has the proper credentials and whether the opinions are relevant and reliable. The superior advocate may win out over the best technical argument because the judge may have no way to objectively evaluate the scientific basis for the expert opinion. Confusion also results from trying to distill the difference between the methods used by the experts and the interpretation of facts that are inputs into the methodology. Where does methodology stop and interpretation of facts begin? While many a motion to exclude challenges both the method and the factual interpretation, a thoughtful reading of Daubert and subsequent legal precedents should limit judicial review to only the question of methodology.

The Fourth Edition represents a major departure from the previous editions. First, the Daubert/Kumho guidelines are not only explained in detail but also elaborated on through numerous references to interpretations by other commentators. Second, the book is extensively referenced to bring in a variety of opinions on the processes and procedures of experts. Third, the text was constructed in a more readable way, so that the newcomers to expert witnessing can more easily grasp the important concepts. Fourth, a CD video is enclosed to visually show how an expert functions in litigation. Vital information as to how to interact with attorneys, how to handle a deposition, and how to give testimony at trial are demonstrated in mock form. Also,

-v-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Effective Expert Witnessing: Practices for the 21st Century
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 140

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.