Experts - Law Dictionary Search Results
Home Dictionary Name: expertsExperts
Experts, referred in Indian Evidence Act, 1872 (1 of 1872), s. 45.The witnesses who give evidence upon matters of their own professional knowledge, as distingui-shed from particular matters of fact, e.g., professed judges of handwriting, foreign lawyers as to foreign law (see Re Turner, 1906 WN 27), or doctors as to the effects of drugs or poisons. The admissibility of such evidence rests upon the maxim cuilibet in sua arte est credendum.Regarding Court Experts, see R.S.C.Ord. XXXVIIA. An arbitrator under the (English) Small Holdings and Allotments Act, 1908 (8 Edw. 7, c. 36), cannot by virtue f Schedule I. (5) of that Act hear expert witnesses except by direction of the Minister of Agriculture and Fisheries. See Best on Evidence; as to privilege of expert on handwriting, see Seaman v. Netherclift, (1876) 2 CPD 53; and as to the caution with which well-paid expert evidence is to be accepted as proof, see per Jessel, M.R., in Lord Abinger v. Ashton, (1873) LR 17 Eq. 358....
Expert witness
Expert witness, an 'expert' is not a 'witness' of fact. His evidence is really of an advisory character. The duty of an 'expert witness' is to furnish the Judge with the necessary scientific criteria for testing the accuracy of the conclusions so as to enable the judge to form his independent judgment by the application of this criteria to the facts proved by the evidence of the case. The scientific opinion evidence, if intelligible, convincing and tested becomes a factor and often an important factor for consideration along with the other evidence of the case. The credibility of such a witness depends on the reasons stated in support of his conclusions and the data and materials furnished which form the basis of his conclusions, State of Himachal Pradesh v. Jai Lal, (1999) 7 SCC 280: AiR 1999 SC 3318 (3321). [Evidence Act, 1872, s. 45]...
expert
expert : a person with special or superior skill or knowledge in a particular area see also expert witness at witness ...
expert testimony
expert testimony Testimony given in relation to some scientific, technical, or professional matter by experts, i.e., persons qualified to speak authoritatively by reason of their special training, skill, or familiarity with the subject. Source: FindLaw ...
Expert
Taught by use practice or experience experienced having facility of operation or performance from practice knowing and ready from much practice clever skillful as an expert surgeon expert in chess or archery...
expert witness
expert witness see witness ...
Expertness
Skill derived from practice readiness as expertness in seamanship or in reasoning...
discovery
discovery pl: -er·ies 1 : the act or process of discovering 2 : something discovered [applied for a patent for the ] 3 a : the methods used by parties to a civil or criminal action to obtain information held by the other party that is relevant to the action see also deposition, interrogatory, request for production b : the disclosure of information held by the opposing party in an action [a party may obtain of the existence and contents of any insurance agreement "Federal Rules of Civil Procedure Rule 26(b)(2)"] see also privilege, work product doctrine NOTE: Discovery allowed under Federal Rule of Civil Procedure 26 is far-reaching. With some exceptions, a party may obtain discovery of any relevant information as long as it is not privileged, including information that itself would not be admissible at trial but that is likely to lead to the discovery of admissible evidence. Criminal discovery, however, has been more controversial. Under Federal Rule of Criminal Procedure ...
question
question 1 : a particular query directed to a witness compare interrogatory hy·po·thet·i·cal question [hī-pə-the-ti-kəl] : a question directed to an expert witness (as a physician) that is based on the existence of facts offered in evidence and the answer to which is an opinion to be considered in light of the evidence NOTE: Modern rules of evidence have lessened the need for a hypothetical question setting forth all of the facts to be assumed in answering the question. An expert witness may state an opinion based on data or facts considered reliable in his or her field even if not already disclosed or not admissible as evidence. leading question : a question so framed or presented as to suggest a particular answer [leading questions should not be used on the direct examination of a witness except as may be necessary to develop his testimony "Federal Rules of Evidence Rule 611(c)"] NOTE: Leading questions are permitted in direct examination of ...
testimony
testimony pl: -nies [Latin testimonium, from testis witness] : evidence furnished by a witness under oath or affirmation and either orally or in an affidavit or deposition former testimony : testimony that a witness gives at a different proceeding (as another hearing or a deposition) NOTE: Under Federal Rule of Evidence 804, former testimony is admissible as an exception to the hearsay rule when the declarant is unavailable and if a predecessor in interest in a civil proceeding or the party against whom the testimony is offered had an opportunity and similar motive to develop the testimony. negative testimony : testimony concerning what did not happen ;esp : testimony concerning what one did not perceive [negative testimony that the witness did not hear a train whistle] NOTE: Negative testimony is sometimes accorded the same weight as positive testimony when the witness was in a position to perceive something and was eagerly attentive. opinion testimony : testimony relaying o...
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