The Role of Expert Witnesses in German and U.S. Civil Litigation

The U.S. and German civil trial systems differ not only in many details but also regarding their fundamentals. The U.S. civil trial system seems to be basically a battle of the parties in which the lawyers are protagonists and warlords. The judge has most often only a passive role. In contrast, in German civil litigation, the judge generally has a very active role. The judge controls the proceedings, examines the witnesses and is always the decision maker. Other differences include the lack of pre-trial discovery in Germany and the important role of court experts in German civil litigation. Due to the active role of German judges, American lawyers partly describe the German civil procedure system as inquisitorial. This article focuses on the difference between the role of experts in German and U.S. civil litigation. In theory, expert witnesses seem to be only a small detail in the whole system. However, considering their importance in German and U.S. civil trial practice, the role of expert witnesses in both systems is worth analyzing. What is the role of an expert witness in German and U.S. civil litigation? On the one hand, the expert could serve to support the interests .of the party employing her expertise. Although this does not necessarily preclude the expert from also supporting the truth-finding process, any conflict between supporting one party and supporting the truth-finding process may result in manipulated or false testimony. On the other hand, the expert could (only) support the decision-maker in finding the truth, and, in this sense, could be considered an extension of the decision-maker. These are the possible roles or functions of expert witnesses

Исследование циклической долговечности магистрального трубопровода с использованием программного комплекса «Ansys»

Объект исследования: линейная часть магистрального нефтепровода. Цель работы: выбор оптимального метода оценки циклической долговечности магистральных нефтепроводов с дефектом. В процессе исследования: был проведен анализ современных методов оценки остаточного срока службы магистральных нефтепроводов с дефектом.Research object: the linear part of the main oil pipeline. Purpose of the work: selection of the optimal method for assessing the cyclic durability of main oil pipelines with a defect. In the process of research: an analysis of modern methods was carried out assessing the residual service life of defect trunk pipelines

Алгоритмическое и программное обеспечение интеллектуального анализа данных о состоянии промышленных манипуляторов

Работа направлена на создание программного обеспечения интеллектуального анализа данных о состоянии промышленных манипуляторов. Результатом является программное обеспечения для диагностики текущего состояния манипулятора, включая ситуации сбоев и отказов.The work is aimed at creating software for the intellectual analysis of data on the state of industrial manipulators. The result is software for diagnosing the current state of the manipulator, including malfunction and failure situations

The Role of Expert Witnesses in German and U.S. Civil Litigation

The U.S. and German civil trial systems differ not only in many details but also regarding their fundamentals. The U.S. civil trial system seems to be basically a battle of the parties in which the lawyers are protagonists and warlords. The judge has most often only a passive role. In contrast, in German civil litigation, the judge generally has a very active role. The judge controls the proceedings, examines the witnesses and is always the decision maker. Other differences include the lack of pre-trial discovery in Germany and the important role of court experts in German civil litigation. Due to the active role of German judges, American lawyers partly describe the German civil procedure system as inquisitorial. This article focuses on the difference between the role of experts in German and U.S. civil litigation. In theory, expert witnesses seem to be only a small detail in the whole system. However, considering their importance in German and U.S. civil trial practice, the role of expert witnesses in both systems is worth analyzing. What is the role of an expert witness in German and U.S. civil litigation? On the one hand, the expert could serve to support the interests .of the party employing her expertise. Although this does not necessarily preclude the expert from also supporting the truth-finding process, any conflict between supporting one party and supporting the truth-finding process may result in manipulated or false testimony. On the other hand, the expert could (only) support the decision-maker in finding the truth, and, in this sense, could be considered an extension of the decision-maker. These are the possible roles or functions of expert witnesses

Untersuchungen zur Schwermetallbelastung im Stadtgebiet von Trier anhand von Bäumen als Bioindikatoren

Harald Timmerbeil & Barbara Ruthsat