| Standards for Admitting Expert Testimony |
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| In 1993, the United States Supreme Court established standards for admitting expert testimony when it decided Daubert v. Merrill Dow Pharmaceuticals. The Court held that for scientific evidence to be reliable, it has to be based on scientific validity. To be admissible at trial, a scientific theory has to have been tested and subjected to peer review and publication. The rate of error has to be shown, and there must be standards controlling any research on the theory. Finally, the theory has to be generally accepted in the scientific community. More... |
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| Dismissals and Reinstatements of Civil Lawsuits |
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| The law allows the plaintiff (the person suing) to dismiss his/her lawsuit after it has been filed. In addition, the court has authority to order dismissal of a lawsuit under certain circumstances. This article discusses voluntary dismissals by the plaintiff, involuntary dismissals by the court, and the circumstances under which a lawsuit can be reinstated. More... |
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| Products Liability Law |
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| Products liability is an area of law that deals with injury or harm caused by a defective or flawed product. Perhaps the product was designed defectively or maybe the manufacturer used a faulty part in the product. A product is considered defective if the manufacturer failed to warn of its dangers. More... |
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| Dismissal of Appeals |
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| Both the plaintiff (the person suing) and the defendant (the person being sued) have a right to appeal to a higher court if they think there was a legal error in the trial. Generally, a notice of appeal has to be filed within 30 days after the trial court enters a judgment in the lawsuit. Most states have a two-tier system for appellate review of a judgment. The federal court system also has two different levels of appellate review. The appeal is first filed in an intermediate appellate state or federal court or court of appeals. After the court of appeals reviews the judgment, a further appeal is possible to a court of last resort, the state supreme court for state court appeals or the Supreme Court of the United States for federal court appeals. More... |
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| Hiring An Attorney |
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| If you are stuck with a car that is a lemon or if an electronics store won't repair the big screen television that you bought from it, you may need to hire an attorney to help resolve the dispute. Legal advice is also helpful if you are buying or selling a home or starting a new business. Attorneys can provide valuable advice on estate planning, tax matters, and marital issues. More... |
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