Question
1. Hot-Tubbing interferes with the adversarial system of the courts in a common law legal system. Illustrate with reference to some examples. 2. What is
1. Hot-Tubbing interferes with the adversarial system of the courts in a common law legal system. Illustrate with reference to some examples.
2. What is the role of opposing counsel when evidence is presented to the court?
3. Think of a scenario when the expert's evidence would be rejected by a court because it was not within the witnesses training, experience, education or knowledge.
4. What are the facts of Ikarian Reefer 1993 and what does it say about an expert's independence?
5. Experts must identify the factual basis upon which they state their opinion or reasoning process which led to their opinion, otherwise their evidence may be inadmissible. Discuss this statement with an example to illustrate your view.
6. What is the importance of Makita v Sprowles 2001 & Dasreef v Hawchar 2011 in developing an understanding of the principles of admitting expert evidence?
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