Introduction. How Expert Opinions Fit into Civil Trials
Author | John Hollander |
Pages | 1-2 |
how expert opinions fit into civil trials
introduction
How Expert Opinions Fit
into Civil Trials
opinion. However, not all opinions
are admissible, and even those that are admissible are not
immune from attack. is handbook focuses on expert
opinions for use in civil litigation. Where duly qualied,
experts overcome the common law rule against opinion
evidence: experts give opinions that assist the court in
making a decision in respect of a specic issue.
Why do lawyers require expert opinions? Because of
case analysis, lawyers know what they have to prove —
sometimes, they have to explain facts proved by lay wit-
nesses; often, they have to prove whether or not a course
of behaviour met a standard of care. is is where experts
come in.
Experts can:
• explain complicated facts
• establish the standard of care
• compare dierent conclusions
• help the court decide which conclusion is best
Judges are prone to admonish lawyers about the use
of experts. “ere are too many experts,” they say. “You
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