When you are looking at testimony in the jury trial, trust, professionalism, and experience all play in the mix. The jury is hearing statements from two sides, each with its position and goals. Perhaps one of the most trusted witnesses to accept the stand in such a proceeding can be a licensed physician. To most laypeople, the credential alone includes a lot of steam, and for most physicians who’ve studied for quite some time to achieve the particular level they’re at, knowledge is power. Physicians as expert witnesses are employed in the variety of court proceedings, though mostly in jury trials, where it is their job to impart their knowledge to the jury who’ll carry out justice eventually.
It may be the physician’s job to describe to the jury, or other parties, just what kind of injuries are already imparted for the purported victim. Though this isn’t always the case, as the alleged suspect can hire his/her physician to offer to be an expert witness. While testifying health-related conditions uses props for example diagrams and x-rays showing her or his conclusions.
The physicians each offered theories concerning
An example where physicians were utilized as expert witnesses is the manslaughter trial of millionaire rancher Rodney John Sency. Sency, who owned a mountain ranch, was accused of manslaughter after he killed one of his workers which has a sledgehammer. His attorney argued self-defense, for the reason that victim had come at him having a knife after Sency fired from his position as a ranch hand. But throughout the trial, which Sency was eventually acquitted of, each party called for the stand physicians as expert witnesses to detail the injuries with the victim. The physicians each offered theories concerning how many times Sency struck the victim and the way hard he delivered the …
Once again, the holiday season is upon us.
Thanksgiving is right around the corner, with Christmas and New Years soon
following. The holidays are a time to reflect, rejoice and celebrate. Often
times, holiday celebration comes in the form of a few drinks with friends and
family. Whether you’re enjoying a beer with the Thanksgiving football game, a
cup of eggnog by the fireplace or a glass of wine with Christmas dinner, there
are a few matters to keep in mind.
First and foremost, driving under the influence and
driving while intoxicated are very serious crimes that can have a indelible
effect on your life. Simply having a few drinks could lead to death,
destruction, embarrassment and loss of privileges. It is important to have a
plan when it relates to alcohol consumption, especially around the holidays.
Here are three suggestions for avoiding a DUI this holiday season.
have a designated driver.
This piece of advice has been recited ad nauseum, and
for good reason. Having a designated driver is the cheapest, most convenient
way of ensuring safe transportation to and from a party. If you have a friend
or family member who doesn’t drink, you can simply ask them if they could take
you home. Make sure to make the trip worth their while. If you have a group of
close friends or family who are all known for enjoying a holiday libation here
and there, you can take turns staying sober and being the designated driver.
2. Make sure to have the phone
numbers of several taxi services.
As easy as getting a designated driver might sound, there are always those
special events where sobriety is more difficult than usual. Some gathering that
come to mind are office Christmas parties and New Years parties. It is
In my last post I discussed why I think virtually
discuss three things every policy should have, which I commonly find to be
First, a quick run-down of the basic purpose for a
They: 1) tell visitors what information you collect from them (whether the
collection is overt, such as through an email opt-in, or covert, such as
through tracking cookies); and 2) what you will and will not do with the
Now on to the three things
every policy should have (but often don’t):
A Notice About Tracking Cookie Usage. If you use
third-party analytics or ad serving, then it is virtually guaranteed that your
site places tracking cookies on your visitors’ computers. If you have any sort
of “sign-in” functionality to your site, chances are session cookies
are also utilized keep users logged in, for security, or to make log-in easier.
collected is used, and what cookies are controlled by third-parties. When
appropriate, reference the privacy policies of these third-party cookie using
providers so your visitors know what they do with information collected.
COPPA Notice. Whether or not your site is oriented
toward collecting information from children under 13 years of age, you should
be referencing the Children’s On-Line Privacy Protection Act
expressly collects information children under 13 or can be seen as attractive
to children under 13 (think cartoon characters, child-oriented language, toys,
other hand, if your site clearly doesn’t market to or collect …
Under Pennsylvania Law, The Dram
Shop Law, 47 P.S. Sections 4-493.1 state that any business “violates the
law to sell, give, or provide liquor or drinks that are tampered with or
brewed, or to allow alcoholic or brewed or alcoholic beverages to be sold,
supplemented or given to people who appear drunk “Button.
Furthermore, the Statute Law and
the Case Law require that serving people who appear to be drunk must be the
cause of injury or damage. “Cause” successfully suing the bar means
there must be a causal relationship between the presentation of the drunk
driver and the cause of the injury. For example, where a bar serves someone who
looks drunk then the person gets into his car and the rear ends 10 minutes
later, there is a possible “cause” of damage to be able to sue the
bar in a civil case and recover. The further in time to when the injury occurs,
makes proof of cause to sue a bar less likely or clear. It need not be the only
cause, but “a” cause that without it, would render the injury/damages
less likely to occur.
So, in a situation where a person
leaves a bar, then causes injury to himself or another person, the bar can be
found responsible for civil damages. The damages can include: bodily injury,
pain and suffering, wage loss, medical bills, consortium claim of a spouse,
loss of life’s enjoyment, future lost earnings.
The key question about whether
you can successfully sue the bar for serving a drunk driver, is being able to
prove that the bar served the drunk driver while he was visibly intoxicated.
This can be proven by direct evidence such as eyewitnesses at the bar (for
example: other patrons, persons who the drunk driver was with, the bar
The American justice system is
unique in the world, as the 5th amendment clearly states that no person shall
be prosecuted twice for the same crime. This is important, as it prevents the
government from punishing someone found not guilty of a crime by continually
trying them in order to get the results it desires.
Most people then think that if
someone is acquitted in a criminal case, that is the end of the story and
justice has been served. This is true in the strictest sense of the law, as the
5th amendment prevents the government from trying someone again in a criminal
setting for criminal punishment.
What that doesn’t mean is that you
can’t sue someone that killed someone you love in a drunk driving accident in a
civil court. Civil courts cover the realm of law that deals with interactions
between people, and if someone you love was killed in a DUI accident you can
often sue the person responsible for wrongful death or other associated claims.
There have been many famous cases
where this aspect of the law has been applied, and not just in DUI accident
situations. Perhaps the most famous one is the O.J. Simpson trial. While the
criminal courts found him not guilty of the murder of his two victims, a civil
court found him responsible for their wrongful deaths, and awarded their
families a significant financial settlement to compensate them for their loss
and pain and suffering.
If this seems like a
contradiction, it’s not. The law looks at it as if the criminal aspect and the
personal aspect of a certain act as two separate parts of one whole. The
criminal courts did not prove that the person in question acted criminally, and
thus they have no legal ability to punish …