Roger Knights
Skilled Investigator
[align=center][size=x-large]Key-Witness Kal: Part 1A—
Paul Kimball’s Comment & My Response[/size]
[size=large]Roger Knights[/size][/align]
In order to confirm this, I went to Google and typed "definition (expert witness)". I then went to one of the top items, which gathers definitions from the web, and copied and pasted them here (below), for future reference, in case they're needed.. The link to the page I took them from is:
define:EXPERT WITNESS - Google Search
I've boldfaced portions of two entries that fail to mention a requirement for the expert witness to be qualified by a judge. This is in accordance with informal usage, which Kal could quote to show that there is such a thing as a free-floating expert-witness. So there's enough looseness in the definition for Kal to say that "(free-floating) expert witness" = "consultant". Rather than butt heads endlessly with him on this disputable technical point, and tear my hair out while he parades a passel of lawyers on YouTube proclaiming that a loose definition of "expert witness" is perfectly OK, I decided that a better strategy would be to concede the point, to avoid giving him access to a diversionary dodge.
===========
Related phrases: expert witness testimony
Definitions of EXPERT WITNESS on the Web:
* Wiggens & Dana Bearings and stress analysis
www.rapid-response-consulting.com/rstvvvv.html
* a witness who has been shown to the Court to be qualified by their special knowledge skill or experience (scientific, technical, or other) and who can testify as an expert in a specific field. Expert witnesses can give opinions based on their special knowledge or skill.
courts.delaware.gov/How%20To/court%20proceedings/
* This is a person whom the court considers to have sufficient expertise in their field that she/he can testify about more than what she/he has seen or heard. She/he can tell the court what conclusions she/he reaches as a result of certain facts and she/he can give her/his opinions about the facts. Only expert witnesses can testify about their opinions. ...
www.owjn.org/info/glossar3.htm
* A witness with specialized knowledge of a particular subject who is called to testify about an event even though they were not present when the event occurred.
www.sphinxlegal.com/sphinx/content/freeresources/glossaryresult.asp
* A person who is a specialist in a subject, often technical, who may present his or her expert opinion without having been a witness to any occurrence relating to the lawsuit. Expertise may be challenged, and the trial judge has discretion based on court examination of the expert's background to qualify the witness or rule he or she is not an expert, or is an expert on limited subjects. ...
www.cancermesothelioma.com/html/glossary.html
* An individual who possesses specialized knowledge through skill, education, training, or experience beyond that of the ordinary person or juror, and whose knowledge will aid the trier of fact (jury, judge, arbitrator) in reaching a proper decision. Often, a health care provider who examines and evaluates a patient in anticipation of litigation.
www.adlergiersch.com/legal.cfm
* someone who by their experience can offer an opinion on a matter before the court. He or she should be able to present highly technical matters in language which can be easily understood by non experts. The expert must be able to justify his or her professional opinion under cross examination.
www.it-expert-witness.co.uk/glossary.htm
* A person who has training, education or experience on a particular subject and who is formally found to be qualified as an expert by a judge. The expert witness may give opinions in court on matters in which his or her expertise is relevant. Nonexpert witnesses normally cannot give opinions in response to questions in court, but must speak only to facts.
caag.state.ca.us/publications/victimshandbk/cvhglos.htm
* Person who has special training, knowledge, skill, or experience in an area relevant to resolution of the legal dispute and who is allowed to offer an opinion as testimony in court.
www5.aaos.org/oko/vb/online_pubs/professional_liability/glossary.cfm
* This is a witness who usually has special knowledge in a particular field and may provide opinions or evidence to support or refute a claim. Expert witnesses include doctors, engineers, economists and accident reconstructionists. Experts are usually paid for their time at a professional rate, while lay witnesses are not.
www.sharrardlaw.com/dictionary.html
* One acknowledged to have special training and knowledge of a particular and testifying on that subject.
www.massrelaw.org/glossary/e.htm
* a witness who has knowledge not normally possessed by the average person concerning the topic that he is to testify about
wordnet.princeton.edu/perl/webwn
* An expert witness is a witness, who by virtue of education, or profession, or experience, is believed to have special knowledge of his subject beyond that of the average person, sufficient that others may officially (and legally) rely his opinion.
en.wikipedia.org/wiki/Expert_witness
Paul Kimball’s Comment & My Response[/size]
[size=large]Roger Knights[/size][/align]
I hadn't noticed where you used the phrase "context of a trial."paulkimball said:as he used the word "witness" in the context of a trial, it is my opinion (backed up by any legal dictionary you care to look at) that he was making, as Stan Friedman would say, a "false claim".
I worry that, in informal usage, the definition has been stretched to include persons who merely CAN testify as experts, and that Kal can find such instances. (For instance, the Random House Dictionary seemingly includes expert witnesses under definition #2, and makes no requirement that they be qualified by a judge.) An instance of this informal usage is found in the mere existence of "Directories of Expert Witnesses." These are people who are merely prepared to testify--who "can" testify--but who have not yet passed any qualification to do so. Hence I didn't use that tight definition in my post, but argued that it wouldn't matter.paulkimball said:Making it even worse is the FACT (as Kal would say) [neat thrust--RK] that only a court of law, after a voir dire, can qualify a person as an "expert witness".
In order to confirm this, I went to Google and typed "definition (expert witness)". I then went to one of the top items, which gathers definitions from the web, and copied and pasted them here (below), for future reference, in case they're needed.. The link to the page I took them from is:
define:EXPERT WITNESS - Google Search
I've boldfaced portions of two entries that fail to mention a requirement for the expert witness to be qualified by a judge. This is in accordance with informal usage, which Kal could quote to show that there is such a thing as a free-floating expert-witness. So there's enough looseness in the definition for Kal to say that "(free-floating) expert witness" = "consultant". Rather than butt heads endlessly with him on this disputable technical point, and tear my hair out while he parades a passel of lawyers on YouTube proclaiming that a loose definition of "expert witness" is perfectly OK, I decided that a better strategy would be to concede the point, to avoid giving him access to a diversionary dodge.
===========
Related phrases: expert witness testimony
Definitions of EXPERT WITNESS on the Web:
* Wiggens & Dana Bearings and stress analysis
www.rapid-response-consulting.com/rstvvvv.html
* a witness who has been shown to the Court to be qualified by their special knowledge skill or experience (scientific, technical, or other) and who can testify as an expert in a specific field. Expert witnesses can give opinions based on their special knowledge or skill.
courts.delaware.gov/How%20To/court%20proceedings/
* This is a person whom the court considers to have sufficient expertise in their field that she/he can testify about more than what she/he has seen or heard. She/he can tell the court what conclusions she/he reaches as a result of certain facts and she/he can give her/his opinions about the facts. Only expert witnesses can testify about their opinions. ...
www.owjn.org/info/glossar3.htm
* A witness with specialized knowledge of a particular subject who is called to testify about an event even though they were not present when the event occurred.
www.sphinxlegal.com/sphinx/content/freeresources/glossaryresult.asp
* A person who is a specialist in a subject, often technical, who may present his or her expert opinion without having been a witness to any occurrence relating to the lawsuit. Expertise may be challenged, and the trial judge has discretion based on court examination of the expert's background to qualify the witness or rule he or she is not an expert, or is an expert on limited subjects. ...
www.cancermesothelioma.com/html/glossary.html
* An individual who possesses specialized knowledge through skill, education, training, or experience beyond that of the ordinary person or juror, and whose knowledge will aid the trier of fact (jury, judge, arbitrator) in reaching a proper decision. Often, a health care provider who examines and evaluates a patient in anticipation of litigation.
www.adlergiersch.com/legal.cfm
* someone who by their experience can offer an opinion on a matter before the court. He or she should be able to present highly technical matters in language which can be easily understood by non experts. The expert must be able to justify his or her professional opinion under cross examination.
www.it-expert-witness.co.uk/glossary.htm
* A person who has training, education or experience on a particular subject and who is formally found to be qualified as an expert by a judge. The expert witness may give opinions in court on matters in which his or her expertise is relevant. Nonexpert witnesses normally cannot give opinions in response to questions in court, but must speak only to facts.
caag.state.ca.us/publications/victimshandbk/cvhglos.htm
* Person who has special training, knowledge, skill, or experience in an area relevant to resolution of the legal dispute and who is allowed to offer an opinion as testimony in court.
www5.aaos.org/oko/vb/online_pubs/professional_liability/glossary.cfm
* This is a witness who usually has special knowledge in a particular field and may provide opinions or evidence to support or refute a claim. Expert witnesses include doctors, engineers, economists and accident reconstructionists. Experts are usually paid for their time at a professional rate, while lay witnesses are not.
www.sharrardlaw.com/dictionary.html
* One acknowledged to have special training and knowledge of a particular and testifying on that subject.
www.massrelaw.org/glossary/e.htm
* a witness who has knowledge not normally possessed by the average person concerning the topic that he is to testify about
wordnet.princeton.edu/perl/webwn
* An expert witness is a witness, who by virtue of education, or profession, or experience, is believed to have special knowledge of his subject beyond that of the average person, sufficient that others may officially (and legally) rely his opinion.
en.wikipedia.org/wiki/Expert_witness