Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Beyond reasonable dispute (1)
- Communication (1)
- Expert testimony (1)
- General knowledge (1)
- Judicial notice (1)
-
- Logically relevant (1)
- Medical evidence (1)
- Medical facts (1)
- Medical malpractice (1)
- Medical testimony (1)
- Medical witness (1)
- Motions in limine (1)
- Neck injury (1)
- Physicians (1)
- Pima Plan (1)
- Prejudicial matters (1)
- Proof (1)
- Scientific facts (1)
- Semantics (1)
- Trial evidence (1)
- Universal noteriety (1)
- Whiplash (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Judicial Notice Of Scientific Facts, Jon C. Kleri
Judicial Notice Of Scientific Facts, Jon C. Kleri
Cleveland State Law Review
The practical purpose of judicial notice is to dispense with the necessity of taking proof to establish a well known or accepted fact or proposition. However, courts are not bound to take judicial notice of matters of fact. Their acceptance or rejection is dependent upon the nature and scope of the subject matter as it relates to the issues in any given case in conjunction with the overall justice applicable to the matter. A court will not take judicial notice of a fact where there is doubt or uncertainty regarding its acceptance or notoriety.
The Conspiracy Of Silence: Physician's View, Carl E. Wasmuth
The Conspiracy Of Silence: Physician's View, Carl E. Wasmuth
Cleveland State Law Review
To many a physican, law suits, courts, and occasionally law- yers themselves are anathema. Schooled in the sciences, his life is dedicated to the practice of medicine. He is a man of conviction and of purpose. He is articulate and even at times loqua- cious. These qualities would lead one to believe that the physician would be well equipped, quite willing, and capable of appearing as an expert witness in a court of law. Quite to the contrary, the physician most generally is unwilling to be a legal witness. In fact, the entire subject of law suits often is repugnant …
Motions In Limine, Tom H. Davis
Motions In Limine, Tom H. Davis
Cleveland State Law Review
Defendant's attorney in a tort or personal injury case can fumble, stumble and fall and win. A plaintiff's attorney can try his case perfectly and still lose. Since any charge of prejudicial tactics brought against the plaintiff usually will be more harmful than one brought against the defendant, it is the duty of the plaintiff's attorney to keep the case like "Caesar's wife," if he can.One of the best ways to accomplish this is through a motion in limine. For those who are not familiar with this practice, it is a motion, heard in advance of jury selection, which asks …
How To Handle Medico-Legal Semantics, Hugh Miracle
How To Handle Medico-Legal Semantics, Hugh Miracle
Cleveland State Law Review
One of the main objectives of counsel in evidence presentation, both from the plaintiff and the defense side, is to instill in the minds of the jury a sufficiently clear and understandable knowledge of the medical facts of the case. In order to reach such a result, it is helpful to consider the medico-legal work in a trial from the viewpoint of semantics.
Presentation Of Evidence In A "Whiplash" Or Cervical Sprain Case, Gibson B. Witherspoon
Presentation Of Evidence In A "Whiplash" Or Cervical Sprain Case, Gibson B. Witherspoon
Cleveland State Law Review
By 1963 claims paid by insurance companies for "whiplash" injuries amounted to more than thirty per cent of the total claims paid. It was natural that the insurance companies began a campaign to discredit "whiplash" claims. The industry has been most successful in convincing many judges and jurors that these injuries often are faked by those claiming them. Since the publication of several articles concerning these neck injuries, the insurance industry has adopted a very cynical approach to all "whiplash" injuries. No other injury in the history of American jurisprudence has been the subject of such unfavorable publicity.