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2 kirjaa tekijältä Terrence F. Kiely

Science and Litigation

Science and Litigation

Terrence F. Kiely

CRC Press Inc
2002
sidottu
The question "what is science" has been one of the most vigorously contested legal questions as to what is legally acceptable scientific foundation for the submission of expert opinion in a wide variety of cases, especially in products liability cases. The answer usually lies in the outcomes of past cases as well as objective scientific literature. But how do we relate past decisions to biotechnology, bioinformatics, in-silico biology, genome mapping, and other new scientific developments? And just how valid are peer-reviewed studies when they are performed in house or funded by companies with a stake in the product? Science and Litigation: Products Liability in Theory and Practice addresses these and many other questions involving the relationship between the physical and biological sciences and the civil justice system. First, it reviews scientific legal theory by highlighting landmark cases, analyzing the scientific peer-review process, and examining the relationship between scientific causal theory and legal causation rules. Then the book addresses the practical issues involved in prosecuting or defending the science-based case, from pretrial discovery to choosing an expert witness. Products liability litigation can be a long and arduous task for everyone involved. This practical guide makes it a little easier. Taking you from research to courtroom, Science and Litigation: Products Liability in Theory and Practice provides information about the admissibility of scientific ideas and leads both expert witness and attorney through the necessary steps to be successful in litigation.
Forensic Evidence

Forensic Evidence

Terrence F. Kiely

CRC Press Inc
2005
sidottu
One of the greatest challenges encountered by those in the forensic sciences is anticipating what the state and federal courts will – or will not – allow as valid physical evidence. With this in mind, the author of Forensic Evidence: Science and the Criminal Law, Second Edition analyzes and explains the judicial system’s response to the applicability of forensic science in the investigation, prosecution, and defense of criminal activity.Each chapter of this comprehensive yet accessible resource provides an overview and analysis of the scientific and legal aspects of a particular forensic discipline. An important new feature of this second edition is that each chapter focuses on discussions of recent forensics literature reviews from Interpol’s 14th Annual Forensic Science Symposium. This latest edition also updates previously discussed cases and presents the most recent applications of the Frye and Daubert standards, the admissibility of eyewitness identification, the upsurge of cases and statutes that involve post-conviction DNA, and the increased interest in re-examining cold cases. As challenges to forensic evidence become increasingly rigorous, so does the need for intense preparation. Forensic Evidence: Science and the Criminal Law, Second Edition is the book that those in the forensic sciences need to have on hand to successfully prepare for what may await them in the courtroom.