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Expert witness, the Glossary

Index Expert witness

An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert.[1]

Table of Contents

  1. 97 relations: Accident analysis, Action theory (philosophy), Ambush defence, Attending physician, Attorney–client privilege, Australia, Australian Human Rights Commission, Babylonia, Bianet, Black's Law Dictionary, Blood test, Causation (law), Certification, Chain of custody, Circuit split, Civil law (common law), Civil Procedure Rules, Coeur d'Alene, Idaho, Common law, Consultant (medicine), Correlation, Costs in English law, Crime, Criminal law, Damages, Daubert standard, Daubert v. Merrell Dow Pharmaceuticals, Inc., Davie v Magistrates of Edinburgh, Death of an Expert Witness, Discovery (law), DNA profiling, Education, Employment consultant, England and Wales, Erdoğan–Gollum comparison trials, Evidence, Experience, Expert, Expert report, Expert shopping, Fact, Federal Court of Australia, Fingerprint, Flat rate, Forensic accountant, Forensic accounting, Forensic economics, Forensic engineering, Forensic firearm examination, Forensic psychology, ... Expand index (47 more) »

  2. Forensic evidence
  3. Witness (law)

Accident analysis

Accident analysis is a process carried out in order to determine the cause or causes of an accident (that can result in single or multiple outcomes) so as to prevent further accidents of a similar kind.

See Expert witness and Accident analysis

Action theory (philosophy)

Action theory or theory of action is an area in philosophy concerned with theories about the processes causing willful human bodily movements of a more or less complex kind.

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Ambush defence

An ambush defence is one in which defence evidence - notably from expert witnesses - has not been adduced in advance to the prosecuting authorities, leading to their inability to rebut it. Expert witness and ambush defence are evidence law.

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Attending physician

In the United States and Canada, an attending physician (also known as a staff physician or supervising physician) is a physician (usually an M.D., or D.O. or D.P.M. in the United States) who has completed residency and practices medicine in a clinic or hospital, in the specialty learned during residency.

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Attorney–client privilege

Attorney–client privilege or lawyer–client privilege is the common law doctrine of legal professional privilege in the United States.

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Australia

Australia, officially the Commonwealth of Australia, is a country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands.

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Australian Human Rights Commission

The Australian Human Rights Commission is the national human rights institution of Australia, established in 1986 as the Human Rights and Equal Opportunity Commission (HREOC) and renamed in 2008.

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Babylonia

Babylonia (𒆳𒆍𒀭𒊏𒆠) was an ancient Akkadian-speaking state and cultural area based in the city of Babylon in central-southern Mesopotamia (present-day Iraq and parts of Syria and Iran).

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Bianet

Bianet (acronym for lit) is a news agency based in Beyoğlu, Istanbul.

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Black's Law Dictionary

Black's Law Dictionary is the most frequently used legal dictionary in the United States.

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Blood test

A blood test is a laboratory analysis performed on a blood sample that is usually extracted from a vein in the arm using a hypodermic needle, or via fingerprick.

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Causation (law)

Causation is the "causal relationship between the defendant's conduct and end result".

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Certification

Certification is part of testing, inspection and certification and the provision by an independent body of written assurance (a certificate) that the product, service or system in question meets specific requirements.

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Chain of custody

Chain of custody (CoC), in legal contexts, is the chronological documentation or paper trail that records the sequence of custody, control, transfer, analysis, and disposition of materials, including physical or electronic evidence. Expert witness and Chain of custody are evidence law.

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Circuit split

In United States federal courts, a circuit split, also known as a split of authority or split in authority, occurs when two or more different circuit courts of appeals provide conflicting rulings on the same legal issue.

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Civil law (common law)

Civil law is a major "branch of the law", for example in common law legal systems such as those in England and Wales and in the United States, where it stands in contrast to criminal law.

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Civil Procedure Rules

The Civil Procedure Rules (CPR) were introduced in 1997 as per the Civil Procedure Act 1997 by the Civil Procedure Rule Committee and are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil cases in England and Wales.

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Coeur d'Alene, Idaho

Coeur d'Alene (Awl) is a city and the county seat of Kootenai County, Idaho, United States.

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Common law

Common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions.

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Consultant (medicine)

In the United Kingdom, Ireland, and parts of the Commonwealth, consultant is the title of a senior hospital-based physician or surgeon who has completed all of their specialist training and been placed on the specialist register in their chosen speciality.

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Correlation

In statistics, correlation or dependence is any statistical relationship, whether causal or not, between two random variables or bivariate data.

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Costs in English law

In English civil litigation, costs are the lawyers' fees and disbursements of the parties.

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Crime

In ordinary language, a crime is an unlawful act punishable by a state or other authority.

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Criminal law

Criminal law is the body of law that relates to crime.

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Damages

At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury.

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Daubert standard

In United States federal law, the Daubert standard is a rule of evidence regarding the admissibility of expert witness testimony.

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Daubert v. Merrell Dow Pharmaceuticals, Inc.

Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), is a United States Supreme Court case determining the standard for admitting expert testimony in federal courts.

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Davie v Magistrates of Edinburgh

Davie v Magistrates of Edinburgh 1953 S.C. 34.

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Death of an Expert Witness

Death of an Expert Witness is a detective novel by English writer P. D. James, the seventh of her Adam Dalgliesh series.

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Discovery (law)

Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties by means of methods of discovery such as interrogatories, requests for production of documents, requests for admissions and depositions.

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DNA profiling

DNA profiling (also called DNA fingerprinting and genetic fingerprinting) is the process of determining an individual's deoxyribonucleic acid (DNA) characteristics.

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Education

Education is the transmission of knowledge, skills, and character traits and manifests in various forms.

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Employment consultant

An employment consultant is an expert witness who advises courts and tribunals on employment related issues such as earnings, labour market analysis, residual earning capacity, and retraining. Expert witness and employment consultant are evidence law.

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England and Wales

England and Wales is one of the three legal jurisdictions of the United Kingdom.

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Erdoğan–Gollum comparison trials

Recep Tayyip Erdoğan, the president of Turkey, has been compared to Gollum—a fictional character in J. R. R. Tolkien's novel The Lord of the Rings and its film adaptations—in social media posts, which has led to several trials for insulting the president in the 2010s and 2020s in Turkey.

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Evidence

Evidence for a proposition is what supports the proposition.

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Experience

Experience refers to conscious events in general, more specifically to perceptions, or to the practical knowledge and familiarity that is produced by these processes.

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Expert

An expert is somebody who has a broad and deep understanding and competence in terms of knowledge, skill and experience through practice and education in a particular field or area of study.

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Expert report

An expert report is a study written by one or more authorities that states findings and offers opinions.

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Expert shopping or witness shopping or expert mining is the practice of finding an authority on a given subject whose professional opinion is skewed toward the answer that the searching party already prefers. Expert witness and expert shopping are evidence law.

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Fact

A fact is a true datum about one or more aspects of a circumstance.

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Federal Court of Australia

The Federal Court of Australia is an Australian superior court which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indictable (more serious) criminal matters.

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Fingerprint

A fingerprint is an impression left by the friction ridges of a human finger.

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Flat rate

A flat fee, also referred to as a flat rate or a linear rate refers to a pricing structure that charges a single fixed fee for a service, regardless of usage.

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Forensic accountant

Forensic accountants are experienced auditors, accountants, and investigators of legal and financial documents that are hired to look into possible suspicions of fraudulent activity within a company; or are hired by a company who may just want to prevent fraudulent activities from occurring.

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Forensic accounting

Forensic accounting, forensic accountancy or financial forensics is the specialty practice area of accounting that investigates whether firms engage in financial reporting misconduct, or financial misconduct within the workplace by employees, officers or directors of the organization.

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Forensic economics

Forensic Economics as defined by the National Association of Forensic Economics (NAFE) is the scientific discipline that applies economic theories and methods to matters within a legal framework.

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Forensic engineering

Forensic engineering has been defined as "the investigation of failures—ranging from serviceability to catastrophic—which may lead to legal activity, including both civil and criminal".

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Forensic firearm examination

Forensic firearm examination is the forensic process of examining the characteristics of firearms or bullets left behind at a crime scene.

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Forensic psychology

Forensic psychology is the practice of psychology applied to the law.

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Forensic science

Forensic science, also known as criminalistics, is the application of science principles and methods to support legal decision-making in matters of criminal and civil law.

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Forensic video analysis

Forensic video analysis is the scientific examination, comparison and/or evaluation of video in legal matters.

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Frye standard

In United States law, the Frye standard, Frye test, or general acceptance test is a judicial test used in some U.S. state courts to determine the admissibility of scientific evidence.

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Gibson's law

In public relations, and in the practice of law, Gibson's law holds that "For every PhD there is an equal and opposite PhD." The term specifically refers to the conflict between testimony of expert witnesses called by opposing parties in a trial under an adversarial system of justice. Expert witness and Gibson's law are evidence law.

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Gollum

Gollum is a monster with a distinctive style of speech in J. R. R. Tolkien's Middle-earth legendarium.

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Graphology

Graphology is the analysis of handwriting in an attempt to determine the writer's personality traits.

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Health care

Health care, or healthcare, is the improvement of health via the prevention, diagnosis, treatment, amelioration or cure of disease, illness, injury, and other physical and mental impairments in people.

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Injury

Injury is physiological damage to the living tissue of any organism, whether in humans, in other animals, or in plants.

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Intellectual property

Intellectual property (IP) is a category of property that includes intangible creations of the human intellect.

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John Smeaton

John Smeaton (8 June 1724 – 28 October 1792) was an English civil engineer responsible for the design of bridges, canals, harbours and lighthouses.

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Jones v Kaney

Jones v Kaney 2011 UKSC 13 is a 2011 decision of the Supreme Court of the United Kingdom on whether expert witnesses retained by a party in litigation can be sued for professional negligence in England and Wales, or whether they have the benefit of immunity from suit.

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Judge

A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges.

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Jury

A jury is a sworn body of people (jurors) convened to hear evidence, make findings of fact, and render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment.

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Kootenai County, Idaho

Kootenai County is located in the U.S. state of Idaho.

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Kumho Tire Co. v. Carmichael

Kumho Tire Co.

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Law

Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate.

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Medical malpractice

Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient.

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Midwifery

Midwifery is the health science and health profession that deals with pregnancy, childbirth, and the postpartum period (including care of the newborn), in addition to the sexual and reproductive health of women throughout their lives.

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Motion in limine

In U.S. law, a motion in limine ("at the start", literally, "on the threshold") is a motion, discussed outside the presence of the jury, to request that certain testimony be excluded. Expert witness and motion in limine are evidence law.

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Perjury

Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding.

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Personal injury

Personal injury is a legal term for an injury to the body, mind, or emotions, as opposed to an injury to property.

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Physician

A physician, medical practitioner (British English), medical doctor, or simply doctor is a health professional who practices medicine, which is concerned with promoting, maintaining or restoring health through the study, diagnosis, prognosis and treatment of disease, injury, and other physical and mental impairments.

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Project on Scientific Knowledge and Public Policy

The Project on Scientific Knowledge and Public Policy (SKAPP), based at the George Washington University in Washington, D.C., examines the nature of science and the ways in which it is both used and misused in government decision-making and legal proceedings. Expert witness and Project on Scientific Knowledge and Public Policy are evidence law.

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Questioned document examination

In forensic science, questioned document examination (QDE) is the examination of documents potentially disputed in a court of law.

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R v Mohan

is a leading Supreme Court of Canada decision on the use of expert witnesses in trial testimony.

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Roman Empire

The Roman Empire was the state ruled by the Romans following Octavian's assumption of sole rule under the Principate in 27 BC, the post-Republican state of ancient Rome.

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Saisie-contrefaçon

Under French law, the saisie-contrefaçon is a means of proof of the infringement and, more generally, any violation of an intellectual property right.

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Sanity

Sanity (from sānitās) refers to the soundness, rationality, and health of the human mind, as opposed to insanity.

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Science

Science is a strict systematic discipline that builds and organizes knowledge in the form of testable hypotheses and predictions about the world.

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Scots law

Scots law is the legal system of Scotland.

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Testimony

Testimony is a solemn attestation as to the truth of a matter. Expert witness and Testimony are evidence law.

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Traffic collision reconstruction

Traffic collision reconstruction is the process of investigating, analyzing, and drawing conclusions about the causes and events during a vehicle collision.

See Expert witness and Traffic collision reconstruction

Training

Training is teaching, or developing in oneself or others, any skills and knowledge or fitness that relate to specific useful competencies.

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Trial

In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes.

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Tribunal

A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title.

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Ultimate issue

An ultimate issue in criminal law is a legal issue at stake in the prosecution of a crime for which an expert witness is providing testimony. Expert witness and ultimate issue are evidence law.

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United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of the continental mainland.

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United States

The United States of America (USA or U.S.A.), commonly known as the United States (US or U.S.) or America, is a country primarily located in North America.

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United States Court of Appeals for the Second Circuit

The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals.

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United States Court of Appeals for the Third Circuit

The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts.

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Villanova University School of Law

Villanova University's Charles Widger School of Law (CWSL) (known as Villanova University School of Law) is the law school of Villanova University, a private Roman Catholic research university in Villanova, Pennsylvania.

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Voicemail

A voicemail system (also known as voice message or voice bank) is a computer-based system that allows people to leave a recorded message when the recipient is unable to answer the phone.

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Voir dire

Voir dire (often; from an Anglo-Norman term in common law meaning "to speak the truth") is a legal term for procedures during a trial that help a judge decide certain issues.

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William Murray, 1st Earl of Mansfield

William Murray, 1st Earl of Mansfield, (2 March 1705 – 20 March 1793), was a British judge, politician, lawyer and peer best known for his reforms to English law.

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Witness summons

A subpoena (also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure.

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Work-product doctrine

In American civil procedure, the work-product doctrine protects materials prepared in anticipation of litigation from discovery by opposing counsel.

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Wrongful dismissal in the United Kingdom

In United Kingdom law, the concept of wrongful dismissal refers exclusively to dismissal contrary to the contract of employment, which effectively means premature termination, either due to insufficient notice or lack of grounds.

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See also

Forensic evidence

Witness (law)

References

[1] https://en.wikipedia.org/wiki/Expert_witness

Also known as Expert Testimony, Expert evidence, Expert opinion, Expert source, Expert witnesses, Forensic testimony, Forensic witness, Judicial expert, Professional witness, Scientific evidence (law), Sociomedical assessment.

, Forensic science, Forensic video analysis, Frye standard, Gibson's law, Gollum, Graphology, Health care, Injury, Intellectual property, John Smeaton, Jones v Kaney, Judge, Jury, Kootenai County, Idaho, Kumho Tire Co. v. Carmichael, Law, Medical malpractice, Midwifery, Motion in limine, Perjury, Personal injury, Physician, Project on Scientific Knowledge and Public Policy, Questioned document examination, R v Mohan, Roman Empire, Saisie-contrefaçon, Sanity, Science, Scots law, Testimony, Traffic collision reconstruction, Training, Trial, Tribunal, Ultimate issue, United Kingdom, United States, United States Court of Appeals for the Second Circuit, United States Court of Appeals for the Third Circuit, Villanova University School of Law, Voicemail, Voir dire, William Murray, 1st Earl of Mansfield, Witness summons, Work-product doctrine, Wrongful dismissal in the United Kingdom.