Question 1

There is no definitive legal definition of an expert.

Accepted Answer

The definition of an expert can vary significantly across different legal jurisdictions and contexts, with no single, universally accepted legal definition.

Question 2

An expert witness's duty - which overrides any obligation to the person who is instructing or paying them - is to whom?

Accepted Answer

The court

Question 3

The &#34;content&#34;, with which expert witnesses are to be familiar and qualified, refers to the act of giving evidence in a legal forum, either orally or in written form.

Accepted Answer

The "content" with which expert witnesses are to be familiar and qualified refers to the specific knowledge, expertise, or information in their field of specialization, not the act of giving evidence itself.

Question 4

Where a defendant is tested and found unfit to plead the court may make one of several orders. Which of the below is not one of those orders?&#10;A) An admission order to hospital&#10;B) A guardianship order under the Mental Health Act&#10;C) A supervision and treatment order&#10;D) An order for the defendant's absolute discharge&#10;E) An order for the defendant to be held indefinitely for more testing

Accepted Answer

Orders such as admission to hospital, guardianship under the Mental Health Act, supervision and treatment, and absolute discharge are recognized legal outcomes for defendants found unfit to plead. However, an order for a defendant to be held indefinitely for more testing is not a standard legal option, as it would contravene principles of justice and human rights by not providing a clear resolution or appropriate treatment pathway.

Question 5

When determining issues of fact, which group is responsible for this?&#10;A) The expert witness&#10;B) The court

Accepted Answer

The court is responsible for determining issues of fact. Expert witnesses provide specialized knowledge to assist the court in understanding the facts, but the ultimate responsibility for determining the facts lies with the court.

Question 6

Sometimes criminal proceedings may run alongside care proceedings, and in such circumstances, the expert forensic psychologist may work in both cases.

Accepted Answer

In cases where there are overlapping issues of criminal behavior and child welfare, a forensic psychologist might be involved in both criminal proceedings (to assess aspects like criminal responsibility or risk assessment) and care proceedings (to evaluate the best interests of a child, parenting capacity, or the impact of trauma). Their expertise can provide valuable insights across both legal contexts.

Question 7

Which type of trial has a more stringent requirement in determining guilt?&#10;A) Criminal proceedings&#10;B) Civil proceedings

Accepted Answer

Criminal proceedings have a more stringent requirement in determining guilt, typically requiring proof "beyond a reasonable doubt," whereas civil proceedings generally require proof based on a "preponderance of the evidence" or "clear and convincing evidence," which are lower standards of proof.

Question 8

Which of the following is an example of double indemnity?&#10;A) Facing two civil proceedings for the same case without new evidence&#10;B) Facing a criminal and a civil proceeding for the same case without new evidence&#10;C) Facing two criminal proceedings for the same case without new evidence

Accepted Answer

Double indemnity refers to a clause in some insurance policies that doubles the payout in certain cases, but in legal contexts, it can also refer to the principle of not being tried twice for the same crime, which is closely related to the concept of "double jeopardy." However, the provided options don't align perfectly with these definitions. Given the options, C is the closest to the concept of being subjected to legal action twice for the same incident, which aligns with the principle of avoiding double jeopardy, not double indemnity. This seems to be a misunderstanding in the question's framing.

Question 9

An expert witness may not administer or offer opinions about reports previously submitted by other professionals.

Accepted Answer

An expert witness can review, administer, and offer opinions about reports previously submitted by other professionals as part of their expert testimony, provided they are qualified in the relevant field.

Question 10

What are the three stages of giving oral evidence?

Accepted Answer

The answer of What are the three stages of giving...

Deck 16: The Role of the Expert Witness