Admissability of Independent Expert Reports Essay

Admissability of Independent Expert Reports - Essay Example This paper discusses the admissibility of an independent expert report in a court of law or other judicial forums. It identifies and explains concerns or issues about the characteristics that a witness must possess in order for a court Royal Commission or other duplicate resolution forum to accept him or her as an expert. It also discusses the factors that mark an expert report as either admissible or inadmissible as evidence, the factors that make a witness and expert evidence credible and the factors that limit the credibility of a witness and/or expert evidence tendered. The paper meets its objectives by citing major cases and case laws, literature, judicial surveys among others. An expert is one who concerning any question, is knowledgeable or experienced on that question in such a way that in evidence; his or her view would be admissible on that question. An expert witness therefore is an expert who in proceedings or proposed proceedings, gives opinion evidence or provides a report with regard to his or her opinion to act as evidence. If technical, scientific or other special line of knowledge will help the judge to determine a truth in issue or understand the evidence, a witness who qualifies as an expert through education, knowledge, training, experience or skill may give evidence thereto either in form of an opinion or otherwise (RichmondTrial Lawyer.com 2009). It is hackneyed law that witnesses who possess a relevant degree of expertise have the competency to give evidence on the factual matters lying within their specialty to offer assistance or guidance to the judges in their ruling of the factual issues in dispute. Indeed, the adduction of expert evidence is sometimes mandatory in criminal proceedings. The courts recognize experts per se either for the reason that they possess relevant qualifications professionally or due to their relevant practical experience, or

Psychology Essay Example | Topics and Well Written Essays - 750 words - 15

Psychology - Essay Example This model of memory remained under extensive research in the following years. The physical growth in size of cerebrum and the number of functions associated with this evolved cerebrum demonstrates an important step in the evolutionary ladder of natural life. Memory is one of the very complicated functions of complex life forms and this complexity reaches its maximum when Homo sapiens are analyzed. Atkinson-Shiffrin model of memory is an attempt to explain the various processes of memory which continue to operate in our brains. The first level of memory is identified as sensory memory. No matter which kind of stimulus is applied to the various senses of the body, the form of information that is delivered to the central nervous system is in the form of electrical impulse or the so called ‘nerve impulse’. For the purpose of translation of external stimuli, a number of receptors are present in the body, that continuously receive impulses in the form of vibration, sound, pressure, light and so on. These impulses are translated into electrical nerve impulses by their respective receptors and are then delivered to the brain as electrical signals. This sensory memory has a very short life span and it persists for only a few seconds i.e 2-3 seconds. The stage between sensory memory and long term memory is called short term memory. Certain chunks of information from sensory memory are shifted to short term memory which is also called working memory because the information stored there needs further processing. Short term memory easily fades away as soon as attention is drawn to any other matter; it lasts for only 18 to 20 seconds unless the information is rehearsed. Any information that is not lost after 18 to 20 seconds is transferred to long term memory. The capacity of short-term memory is limited and it is for this reason that only a small amount of information can be retained in short-term memory

Ethical eaasy Essay Example | Topics and Well Written Essays - 1500 words

Ethical eaasy - Essay Example The textile materials treated by these chemicals have been banned in the markets in UK and US and so the organization resorts to selling its stock to the developing markets where there is no such legislation. The ethical dilemma in this problem The management of the organization had to make a decision between certain courses of action. There was an option of disposing the products that have been considered not fit for use and manufacture those that are required in the US and UK markets. There is also an option of looking for markets for the products in other regions that have no such regulations. The decision-making in the above case is bound by certain significant constraints. The initial problem that had ethical implications here is that the organization had already produced stock that was treated with carcinogenic agent. The organization did not want to run at a loss by disposing these products. The operations of the organization are also governed by the local, regional, and inter national regulations and a ban on such products in some countries will apply to this organization. Besides, there is also a need to consider the adverse effects of the products that led to its ban in these developed markets and whether it is ethical to introduce into the underdeveloped markets faulty products that have been rejected in the developed markets. ... It was then regarded unethical for a business organization to involve in the well-being of the society. In 1984, Edward Freeman proposed the Stakeholder theory that the objective of business is not only to maximize the shareholders’ profits but also to serve the interests of all the stakeholders of the organization (Crane & Matten, 2007, p.57). Stakeholders include all those parties influencing or affected by the decisions and operations of the organization and so the society is one such stakeholder. In solving such ethical dilemmas, we need to refer to the ethical theories that had been developed in moral philosophies like virtue theory (Aristotle), utilitarianism (Bentham), Immanuel Kant’s Universal law, and the Religious teachings among the other theories. The utilitarian approach will consider the consequences that a given decision will have on all the stakeholders of the organization including the shareholders (Petrick & Quinn, 1997, p.48). The products have been f ound to be contaminated with agents causing cancer. Selling these products to the consumers in the developing market is equivalent to exposing the consumers to cancerous agents. The overall costs to be incurred in managing the resulting cancer are unpredictably high and will be a threat to the economy. The developing markets may also not afford the same prices forcing the organization to lower its product prices thereby reducing the profits. Besides, a long-term effect will also be seen in its reputation in the emerging market should it be later known that the products were not fit. The organization will soon lose its position even in the emerging markets. Thus, the

Housing Health and Safety Rating System Essay Example | Topics and Well Written Essays - 1250 words

Housing Health and Safety Rating System - Essay Example However, one must note that enforcements are made only after thorough inspection of the dwelling and not before the inspecting staff is 100% sure of the violence of any condition under HHRS. (Housing Health and Rating System: Operating Guide, pp.6-10) Upon receiving a complaint, inspecting staff is directed toward the property. This staff carries out a through inspecting and notes down everything in inspection checklist. References are then made to housing act of 2004, HHRS (Housing health and rating system) and associated guides and law books. It is then based on the judgment of inspection staff to propose to the government whether the property is safe or is unsafe for the tenants in the property. This proposal has to be made in the form of a report which contains: After all this has been specified, then the report further contains a brief description of the property. This description starts with the type of construction, age of the property and the size of the property. It then states how many floors do this property has and measurements of the walls how thick and tall the walls are. It also contains the number of windows and doors this property has. Then the report discusses the type of accommodation of the property. The covered area of each floors and types of rooms like kitchen, living area should be specified. ... It also contains the number of windows and doors this property has. Then the report discusses the type of accommodation of the property. The covered area of each floors and types of rooms like kitchen, living area should be specified. Then the same information is specified for the first floor and any other floor that the property has. Then, the report talks about the garden area of the property and how well it has been kept. Then based on the schedule of works and the finding of the research on the property, various recommendations are made. The new HHRS system is flexible and actions are not rigid but are very flexible and taken after determining the following factors: Whether the property is empty or occupied Number of people living in the property In the information of the assignment, dampness and mud growth fall under the category 1 of the hazard. The way to categories them in either 1st category or second doesn't only depend on the inspector's judgment but in recent area a formula has been developed to give weightage to each hazard and then depending on this weightage classifying them in either hazard of category 1 or 2. There can be only one action taken against one hazard and simultaneously many actions cannot be taken at once Suppose if the housing health department issues a prohibition notice to the owner about his breach of law. This may not necessarily tempt him into improving the condition of the problem because he's not been fined or any thing and there's not incentive for him to improve the condition unless the government fines him. Similarly if the government sent him improvement notice he may not do so unless he's been threatened or incentive is created for him. Similarly,

Summative Assignment (Business Plan Essay Example | Topics and Well Written Essays - 750 words

Summative Assignment (Business Plan - Essay Example The vast majority of our lodgings were among the first structures to be raised in adolescent urban area. Few inns can brag that their groups actually grew up around them. Today, we have added present day downtown area properties to our gathering, with center areas that permit you to join the rushing about of the city, make part in the move of the business locale, and appreciate the society, the lights and qualities of road life. We promise consistency all through our gathering of lodgings and resorts by holding fast entirely too broad measures. Focal buying guarantees the same great pleasantries are accessible to all visitors wherever they visit. All these and more make each Oasis in an uncommon spot, and your stay, an exceptional experience (Software, 2015) â€Å"Transforming minutes into memories for our visitors† is the mission statement of Oasis hotel and resorts. On the off chance that anything positively characterizes Oasis Hotels & Resorts, it is the quality we append to enduring memories. Expanding upon a century of experience as hoteliers has blessed us with a rich convention of neighborliness. We offer encounters that are legitimately nearby, in inns and resorts of unrivaled vicinity. Furthermore real accommodation is attained to when captivating administration and meticulousness hoist each one stay into valued memory. We realize that even the best areas and offerings would be negligible without extraordinary visitor administration. Our talented and persuaded staff is furnished with the instruments and the attitude to commonly convey on this guarantee. Inside an Oasis experience, each visitor is offered a warm welcome and is made to feel uncommon, esteemed and increased in value. We transport our visitors to exceptional spots saturated with special structural engineering, expressive dà ©cor and wonderful imaginativeness. Oasis areas dont simply ooze history; a lot of people are nothing short

Lesson 5 Disscusion and Assignment Example | Topics and Well Written Essays - 500 words

Lesson 5 Disscusion and - Assignment Example The lyrics were written by big talents and were very innovative. In most Motown music albums, it appeared that the sound engineers placed the echo and equalizer right on the tape when they were moving between the rhythm tracks. In every Motown album the musicians and equalizer were same, but each album was different from the other. Making the albums required loads of creativity and most of the times it was the combinations of all the songs in an album that is more admiring than any individual song of the album (Coffey, 82-83). One popular Motown album was released in 1960 by the American singer Sammy Ward also known as Singing Sammy. The bestseller song of the album was â€Å"That’s Why I Love You So Much† which he sang duet with Sherri Taylor. Tin Pan Alley was the name given to the West 28th Street in New York where many musicians did business during the period between 1880 and 1953. Some examples of this model are Frank Sinatra’s â€Å"Young at Heart†, Cole Porter’s â€Å"High Society† etc. It is not practically possible to pin down a definite year as the starting era of rock ‘n’ roll music. It was in 1953 that rock ‘n’ roll gained significant popularity in the music industry with Crazy Man Crazy recorded by Bill Haley (Gillett, 3). The Beatles were an English rock band that originated in Liverpool in the year 1960, and it ruled rock ‘n’ roll industry for the next ten years. Their immense popularity worldwide can be attributed to their variety of wonderful songs that have become integrated in the modern music culture. Each song is characterized by unique sound. One interesting fact regarding the Beatles is that they composed their own songs, and the publishing rights of the songs were considered as commercial property to be sold by their manager, Brian Epstein (Richards, 1-2). The Sgt. Pepper’s Lonely Hearts Club Band is the most popular rock ‘n’ roll album ever made by the Beatles who were considered as the mo narch of

Housing law Essay Example | Topics and Well Written Essays - 3000 words

Housing law - Essay Example Tackling both anti-social behavior and the causes of it has become a priority for the Government, Housing Corporation, RSL, and Local Authorities. Communities are demanding more effective ways to deal with this disease. "The Housing Corporation in its publication, "Themes from Inspection - Anti-Social Behavior" (June 2003) states: "Potential perpetrators must understand the consequences of anti-social behavior including the possible loss of their home, and realize that the association will take a tough line on unacceptable conduct". Property developers therefore have developed effective policies and procedures for tackling antisocial behavior in the areas in which it operates and we will work in partnership with residents and relevant agencies to ensure, as far as possible, that residents take responsibility for their actions and behave in a way which does not harass or intimidate others". "Anti-social behavior can have different meaning for different people. ... ose numerous unemployed junkie people begging by cash points, abandoned cars, litter and graffiti, young people using air guns to threaten and intimidate or people using fireworks as weapons", said David Blunkett, Home Secretary, in March 2003. Anti-Social Behavior - Statement of Policy, Cathy Jackson: H:My DocumentsPolicies & ProceduresASBFinal Statement of ASB Policy- Dec 2004.doc) To substantiate the Home Secretary's statement and policy, and to provide clarification to staff and residents, most property developers have brought the following actions under anti-social behavior: Use of threatening or offensive language Offensive drunkenness Using a property or any of the communal areas on a scheme for immoral or Illegal purposes, such as prostitution, or illegal manufacture, sale or use of drugs Excessive domestic noise, whether from radios, televisions, hi-fis, musical instruments, social activity, daytime or late night parties or gatherings The lighting of bonfires in the garden of a property or in any of the communal areas on a scheme The depositing of litter or rubbish either in the garden of a property or in any of the communal areas on a development or estate owned or managed by Accord Failure to control the behavior of pets including taking adequate precautions to prevent the fouling of neighboring areas The playing of ball games sufficiently close to neighboring homes so as to cause a nuisance or damage to Accord's property including boundary fences, trees and shrubs The carrying out of maintenance or repairs to motor vehicles other than those normally used for domestic purposes by the resident or members of their household Using threatening or aggressive behavior towards visitors. Physical Violence Harassment in any form, like due to a person's