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LSDefine

Simple English definitions for legal terms

expert witness

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A quick definition of expert witness:

An expert witness is someone who knows a lot about a specific topic and can help a judge or jury understand it better. They can give their opinion on things that regular people might not know much about. There are two types of witnesses in court: regular people who saw or heard something happen (called lay witnesses) and experts. Experts have to be really good at what they do and have proof to back up their opinions. They can help in different kinds of court cases, like when someone needs to figure out what happened with a computer or how a bullet went through the air. Before they go to court, experts have to write down what they think and share it with everyone else. This helps everyone understand what they will say in court.

A more thorough explanation:

An expert witness is someone who has a lot of knowledge and experience in a specific field. They are called to give their professional opinion in court or to a tribunal about a particular matter that is in dispute. There are two types of witnesses in the US legal system: lay witnesses and expert witnesses. A lay witness can only talk about what they saw or heard, but an expert witness can give their opinion based on their expertise.

For example, a digital forensics expert can help in a court case by analyzing deleted computer files, consulting on how to preserve or retrieve data, and determining how a computer was used. They can explain digital subject matter so that non-experts can understand. In a shooting case, people who saw or heard the shooting may have relevant information to testify how many shots were fired, but only an expert who has qualifications would be allowed to answer questions about the path of the bullet.

Before trial, all experts must prepare a report summarizing their analysis and conclusions, and share the report with all other parties. This allows other parties to effectively cross-examine the expert. Expert testimony is not limited to matters beyond the understanding of the ordinary juror. Instead, experts may testify on any subject within their area of expertise so long as their testimony will assist the jury.

Overall, an expert witness is an important part of the legal system because they can provide specialized knowledge and help the court make informed decisions.

expert testimony | Export Control Classification Number (ECCN)

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