FREE BOOKS

Author's List




PREV.   NEXT  
|<   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85  
86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   >>  
because they have had so much experience on similar facts they are allowed to say what they think of facts produced by eye witnesses before the court. As conclusions and opinions may be various, there is at times a great variety in experts, and because the very name of experts implies technicality, there is a feeling in the minds of the jury and the public, that the testimony of experts will befog by a mass of non-understandable terms. The doctor who testified in a case in which the plaintiff suffered a sore back and had seventy-five dollars damages from the jury is an example. He said: "The plaintiff was suffering from traumatic sacro-illiac disease, traumatic sinovitis of the knee and wrist and from traumatic myositis of the muscles of the back." In reality the testimony of expert witnesses is very good evidence. If it is given in plain and understandable English and the jury think the expert a clean-cut, sensible man, it is just what the jury want to learn. An expert's method of reasoning about the facts in evidence is the same as that employed by the jury in the jury-room. It is merely an opinion; for on the opinion of the jury, based on the evidence depends their verdict. While the witnesses are being examined, called to the stand, sworn, being excused, and being cross-examined, there occur numberless incidents of the trial known as the objections, exceptions, and motions. XI THOSE TECHNICAL OBJECTIONS These are the stage tricks and little incidents that give variety to the performance. No drama would be complete without a few diversions. So far as the drama itself goes, they are of no great importance except to give pungency and interest to the action. The lawyer asks an apparently good question. "I object," says the other lawyer, "on the ground that it is incompetent, irrelevant, and immaterial." The judge has to rule. He may not exactly have heard the question. The stenographer reads it again. The other lawyer leans forward in a frenzy of fear lest the question be ruled out. He begins to argue. "The question is perfectly proper; the witness ought to be permitted to answer it." "No," says the other lawyer, "it is improper in form, calls for a conclusion, and should not be allowed." The judge looks puzzled. "Read that again," he says. The question is, "What kind of a cow was it you saw in the plaintiff's garden?" "I still object," says the lawyer. "The witness has not been shown to
PREV.   NEXT  
|<   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85  
86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   >>  



Top keywords:

lawyer

 

question

 

evidence

 

plaintiff

 

experts

 

traumatic

 

witnesses

 

expert

 
object
 

witness


testimony
 

understandable

 

opinion

 
incidents
 

allowed

 
variety
 
examined
 

OBJECTIONS

 

TECHNICAL

 

motions


exceptions

 

apparently

 
performance
 

diversions

 
complete
 

pungency

 

interest

 

tricks

 
importance
 

action


puzzled

 

conclusion

 

answer

 

improper

 

garden

 

permitted

 

stenographer

 

objections

 
incompetent
 
irrelevant

immaterial

 

forward

 

frenzy

 

perfectly

 

proper

 

begins

 

ground

 

doctor

 

testified

 

suffered