The Three Key Cases: The Daubert Trilogy
Read Case 10-2, Welge v. Planters Lifesavers, on page 243. What theory of liability did Justice Posner use in finding the defendant liable? Judge Posner used the strict product liability theory in finding the defendant liable (Herron, 2011). Under the strict product liability theory, K-Mart (seller) would be held liable for defects in their products even if those defects were not introduced by them; also for failing to discover them during production (Herron, 2011).
The trial judge refused to instruct the jury that aggressors lose their right to self-defense unless they meet certain conditions. It is unnecessary to decide
The Supreme Court stated, since the board gave no explanation behind the foreswearing of a conscientious objector exemption, and it is difficult to decide on which of the three grounds offered in the Justice's letter that board depended, Ali's 1967 conviction must be overturned. The Incomparable Court choice was passed on June 28, 1971. As per that record, Marshall had reaccused himself on the grounds that he had been U.S. Specialist General when the case started, and the staying eight judges at first voted 5 to 3 to maintain Ali's conviction. Nonetheless, Harlan, relegated to compose the lion's share assessment, got to be persuaded that Ali's case to be a noncombatant was genuine subsequent to perusing foundation material on Black Muslim
Casey Anthony “Smell of Death” In the summer of 2008, Casey Anthony daughter Caylee Anthony was last seen on June 16, 2008. No one knows where she was nor did Casey report that her daughter was missing. Time went by with no sign of Caylee reappearing. Casey’s mother called and reported that her granddaughter was missing and that Casey’s car smelled like a dead body had been in there.
Issue(s) of Appeal: “Whether or not Williams has the right to challenge jurors
In order to properly understand the importance of Leser v. Garnett (1922) 42 Sup. Ct.
A Tribute to Hans Hubermann Hans Hubermann left an impact on many people's lives. He was born in Germany on the 1st of March, 1890. Not much is known about his childhood besides for the fact that he fought in World War I when he was older and that is where be met and befriended Erik Vandenberg. During his service he learned to play the accordion and made that his life profesion. After the war he settled down with his wife Rosa on Himmel Street in a town near Munich called Molching and fathered two children, his son Hans Jr. and his daughter Trudy.
FRE 403 and FRE 404(b) interact in a variety of degrees usually battling the other, in a courtroom regarding admissible evidence and on what grounds the argument may be made for or against using FRE 403 and FRE 404(b). These rules are vital inside a courtroom and the interaction between these different rules, is crucial to those presenting their case. According to our textbook, Evidence for Paralegals, in chapter 2 page 22, we learn a little history behind these rules as it pertained to evidence and the courts. Long before the Federal Rules of Evidence existed, the courts would come to conclusions about evidence by their relevancy legally. This meant that any evidence introduced would be decided that although it may be of sound logic to enter
The Prosecution presented compelling evidence against Adnan, more robust than the defendant's evidence. Jay's
Under the modified Daubert standard, relevant scientific evidence is only admissible if it is centered upon testable hypotheses, conforms with the standard rate of potential errors, has been peer reviewed, and if the method is generally accepted in the scientific community (Hoog, 2008). However, there are three problems with the application of the Daubert standard. Firstly, David E. Bernstein and Jeffrey D. Jackson (2004) proved that there was no uniformity in the application of the standard in the sense that it’s only abided with in a portion of the states, and not necessarily with full adherence. Secondly, since the judge is not a scientist, it is difficult for him/her to, without doubt, determine the full honesty of the experts’ testimonies. An example from the Willingham case would be the two medical experts asserting that he was a sociopath although one was an irrelevant family counselor and the other, known as “Dr. Death” and later expelled from the American Psychiatric Association for ethical violations, had not even spoken to Todd Willingham.
Ridley Scott’s Blade runner and Mary Shelley’s Frankenstein both explore mankind’s ability to acquire forbidden knowledge. This power can lead to the destruction of an individual’s morality. Both these texts explore the loss of humanity and the rise of scientific technology that leads to ‘’ misery and destruction’’. Frankenstein depicts the loss of humanity in the text and this is demonstrated through the dehumanisation of the monster.
In his book, “The Law”, Frederic Bastiat aims to counter the trend in legislation which he identified in France during his life. A legislator himself, Bastiat worried that the scope of the law had expanded far past what was just and thus performed the very acts of greed and plunder which it should aim to prevent. Bastiat based his argument on the idea that the essence of man is found in his personality, liberty, and property. The role of law is to protect these faculties of man, and anything beyond is abuse of power and legal plunder. Bastiat views these elements which comprise man as innate.
What are the factors which would need to be considered? The Judge plays an important role in ruling whether scientific evidence is necessary and appropriate and would decide whether the psychologist can testify about the results from DCAT . The Supreme Court case Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993) provides guidance on the admissibility of scientific expert testimony. The Federal Rules of Evidence (FRE) require that the Judge ensure that “an expert’s testimony both rests on a reliable foundation and is relevant to the task at hand.” FRE 702 (2012) states: “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the
Introduction Marcus Dupree was a star high school football player who had a promising future in front of him. After being recruited by multiple universities and committed to the University of Oklahoma, he soon realized that he had made a mistake and started making bad choices. Thesis Describing experiences, and also stating the personal statements of Marcus Dupree and others in the documentary, injustice was done to Marcus Dupree but also to the head football coach of Oklahoma using “Letter from Birmingham Jail” as a source lens. Early age Marcus Dupree was a young, gifted running back on his high school football team.
Paul, the evidence from the DA’s office, the doctors, members of the Children's Institute International (CII) and clients. He had to work together with them to defend his case. This was shown when a plea bargain was offered to Ms. MaMartin. 2. How significant was discretion with respect to the defense attorney?
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