Question

Courts Structure and Participants: What is an expert witness? What is a lay witness? How might their testimony differ. What are some of the issues involved in deciding whether a person is an expert for purpose of testimony? 300+ words

Answer 1

Who at is an expert witness? What is a lay witness? How might their testimony differ. What are some of the issues involved in deciding whether a person is an expert for purpose of testimony?

An expert witness could be identified as a person who has gained specialist knowledge about a subject and the knowledge gained by this person could be used as a reference for a subject. This person has considerable knowledge about a field of subject, and this knowledge allows him to provide an independent opinion about a subject matter. This person would be providing an impartial opinion about a subject in the court of law. This may be in the form of an evidence or a witness report. These reports have to be formed within the court rules. These people may not act as advocates or will they be looking for evidences. They will also not be providing any opinion outside their area of expertise. They don’t provide advices or accept any sort of appointments.

A lay witness could be identified as a person who may simply be referred to as witnesses providing testimonies with respect to a given case, this person will not be an expert. They may be the defendant or the plaintiff, in case of personal injury cases.

Lay witnesses are not allowed to give any personal opinions, unlike the testimony of an expert witness, where the expert witness provides personal opinions based on subject knowledge. They are only supposed to give an account of what they saw of free situation, without any additions or influences. If their information is useful, it may be used for the case.

The basis for the testimony of a person should be possessing, skill, knowledge, education as well as experience in the are of practice. The testimony has to be baSed on sufficient facts. One of the issues is about the admissibility of the testimony. The court determines if the methods used for testing have been reliable, before an expert would be called upon.