Being made redundant must be among the worst things that can happen to a person and I would not wish it on anybody.
Structure of the Trial and Presentation of Evidence a. Structure of the Trial-the FRE has not codified the structure. If granted case over, Df wins.
The court shall exercise reasonable control over the mode and order of interrogation of witnesses and presenting evidence so as to 1 make the interrogation and presentation effective for the ascertainment of the truth; 2 avoid needless consumption of time, and 3 protect witnesses from harassment or undue embarrassment.
Presentation of Testimony —during each stage of the trial, each side will present evidence through the testimony of witnesses, of which that presentation is likewise in stages: Direct Examination -initial presentation of witness by the party who called the witness.
The proponent of the witness, subject to the FRE, can inquire about firsthand information the witness possesses related to any of the claims or defenses raised in the COA, and facts related to credibility of any witness.
Cross Examination —the opposing party can test a witnesses credibility and the reliability of the information a witness provided. Scope of Cross Examination FRE b Cross Examination should be limited to the subject matter of the direct examination and matter affecting the credibility of the witness.
The court may, in the exercise of discretion, permit inquiry into additional matters as if on direct examination.
Re-direct Examination—If opposition is successful in attacking credibility and reliability, and that witness was not is given an opportunity to explain during cross, the proponent may elicit an explanation during re-direct.
Re-cross Examination—is the final phase of examination, where opposition is given another opportunity to test any new information that the proponent may have brought out during direct.
Elicitation of Testimony A. Competency of Witnesses Common law testimonial disqualifications for witnesses have been eliminated except for incompetency of witness due to mental disease or immaturity, and serving as judge or juror in the trial where the testimony is sought.
The presumption is that everyone is competent. Every person is competent to be a witness except as otherwise provided in these rules. However, in civil actions and proceedings, with respect to an element of a claim or defense as to which State law supplies the rule of decision, the competency of a witness shall be determined in accordance with State law.
Dead Man Statutes—intended to prevent fraudulent claims against estates of the deceased. Competency of Judge FRE The presiding judge at the trial may not testify in that trial as a witness. No objection need be made to preserve the point.
A member of the jury may not testify as a witness before that jury in the trial of the case in which he is sitting as a juror.
If he is called so to testify, the opposing party shall be afforded the opportunity to object out of the presence of the jury. FRE b Inquiry into validity of verdict or indictment: Personal Knowledge Only if the witness has personal, firsthand knowledge of facts relevant to the COA may the opposition test the reliability of information elicited by the proponent on direct.
A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. This rule is subject to the provisions of FRErelating to opinion testimony by expert witnesses. Courts at common law generally required questions eliciting testimony to be focused, calling for specific and limited answers.
FRE a relaxes the specific question and answer requirement. Leading Questions Leading questions suggest the answer the questioner seeks. Loaded Questions—assume the truth of unproven facts, and are prohibited because they are too suggestive.
Exceptions to Leading Question Prohibition Courts will allow leading questions where the consequences of leading questions are not significant and the benefits, in terms of efficiency, are great, or where there is a need for leading questions to develop the testimony properly.
Cross-examination—based on reduced risk, efficiency, and the possibly an element of need; cross examination by a party with whom a witness is not aligned in interest with creates a situation where leading questions may be allowed.
During an examination by a party with whom the witness is aligned, the party may use leading questions in addressing preliminary matters or undisputed facts.
Status of Witness a.2. No More Factory Workers. The spectre of the world's farmers being made redundant and irrelevant by the computer and biotechnology revolutions is deeply troubling. The Online Writing Lab (OWL) at Purdue University houses writing resources and instructional material, and we provide these as a free service of the Writing Lab at Purdue.
Jul 22, · Elections and Technology. The introduction of information and communications technologies (ICT) into the electoral process is generating both interest and concern among voters, as well as practitioners across the globe. Preface This book is a true product of internet. During my scientific research activities in the 80s, I used some scientific "data banks" that could be considered a precursor of internet, The data banks worked rather clumsy, the entrance to them was restricted, and the services were very expensive. The following overview should help you better understand how to cite sources using MLA eighth edition, including the list of works cited and in-text citations.
Jul 22, · Elections and Technology. The introduction of information and communications technologies (ICT) into the electoral process is generating both interest and concern among voters, as well as practitioners across the globe.
Thursday 15th November Richy's Blog. If you would like to comment on Richy's blog, please use the Guild Facebook page.. Sunday 11th November Cast your mind back to 4th August The Molecular Repair of the Brain by Ralph C.
Merkle; Xerox PARC Coyote Hill Road Palo Alto, CA [email protected] Please see the separate article on Information-Theoretic Death for a more recent treatment of this fundamental concept..
This article was published in two parts in Cryonics magazine, Vol. 15 No's 1 & 2, January and April 50 Redundant Phrases to Avoid By Mark Nichol - 4 minute read In conversation, it’s easy in the midst of spontaneous speech to succumb to verbosity and duplication.