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Testimony Legislation and Testimony PDF

Added on - 17 Nov 2021

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Legislation and

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1.Testimony is an important term used as evidence by the court in any trial. There can be
different kinds of testimony it can be either normal testimony or special testimony made
by an expert. The opinion or statement given by both are differ in the way of their
fairness and reasonableness as an expert can provide more relevant and appropriate
opinion as compared to a lay witness. If the matter pertains to any technical or scientific
issue than the opinions of an expert witness shall be considered as more valuable. At
some places of testimony the opinions of experts would significantly permitted instead of
the statement of any lay witness (Brodsky, & Gutheil, 2016).
2.In case where the suggestions of an expert are required then it is irrelevant to consider the
opinion of lay witness. The expert has qualification in an individual sector through which
he can prove the relevance of facts properly. Whereas a lay witness only shares or
provide the facts of his own knowledge. He does not have any special knowledge of such
field. Although he can provide or lighten the facts before Court but he does not have
relevant qualifications to prove such facts in front of court. Generally the expert witness
is assigned to provide their opinions in case of technical. Scientific or in cases related to
intellectual properties (Faigman, Monahan, & Slobogin, 2014).
1.When we consider the testimony of any lay witness then we have to consider various
factors regarding him i.e. age, demeanor etc. This is required because the statement of a
minor or an unsound mind person has less effect as compared to a sound mind person.
We cannot consider the statement of a criminal for deciding the matter of another
criminal. Also we cannot rely on the statement given by an eye witness who escaped
from the place where the cause of action occurred. The behavior and past criminal
records of a witness are also important to consider while taking his opinion. It is
necessary to know the accuracy of such statements (Brodsky, & Gutheil, 2016).
2.The opinions of an expert are used in the cases related to severity of injury, cause of
failure of any machinery or other devices, intellectual property. In these cases the Court
can call the experts to evaluate the facts of case. These experts should have the complete
knowledge in the field of his working. Doctor, Engineer, scientist, hand writing expert
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