Dictionary of Law
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expert witness :: legal definition


Expert witness - n. a person who is a specialist in a subject, often technical, who may present his/her expert opinion without having been a witness to any occurrence relating to the lawsuit or criminal case. It is an exception to the rule against giving an opinion in trial, provided that the expert is qualified by evidence of his/her expertise, training and special knowledge. If the expertise is challenged, the attorney for the party calling the "expert" must make a showing of the necessary background through questions in court, and the trial judge has discretion to qualify the witness or rule he/she is not an expert, or is an expert on limited subjects. Experts are usually paid handsomely for their services and may be asked by the opposition the amount they are receiving for their work on the case. In most jurisdictions, both sides must exchange the names and addresses of proposed experts to allow pre-trial depositions.

See also: expert testimony and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness
advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
expert testimony :: n. opinions stated during trial or deposition (tes ... inal case. See also: expert witness
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
lay a foundation :: v. in evidence, to provide to the judge the qualif ... ce and training. See also: evidence
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
material witness :: n. a person who apparently has information about t ... e. See also: material trial witness
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery
testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness
ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - E

earnest payment :: n. a deposit paid to demonstrate commitment and to ... (liquidated) or committed damages.
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
egress :: n. way of departure. A word usually used in conjun ... unction with "access" or "ingress."
EIR :: n. popular acronym for environmental impact report ... e also: environmental impact report
ejectment :: n. a lawsuit brought to remove a party who is occu ... o the property through her parents.
ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation.
elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02)
election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented.
election under the will :: n. in those states which have statutes which give ... arries) left to her under his will.
eleemosynary :: (eh-luh-moss-uh-nary) adj. charitable, as applied ... pplied to a purpose or institution.
element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning
emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support.
embezzlement :: n. the crime of stealing the funds or property of ... in trust. See also: embezzler theft
embezzler :: n. a person who commits the crime of embezzlement ... r property of an employer or trust.
emblements :: n. crops to which a tenant who cultivated the land ... ome the property of his/her estate.
emergency :: n. a sudden, unforeseen happening which requires a ... r to protect lives and/or property.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
emolument :: n. salary, wages and benefits paid for employment ... d for employment or an office held.
emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages
employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment