scholarly journals Examination and Reconstruction of Evidence Loss System from the Perspective of Comparative Methods

2021 ◽  
Vol 3 (6) ◽  
pp. 16-21
Author(s):  
Jiayong Xiao

The purpose of the system of evidence disqualification is to limit parties’ abuse of litigation rights and avoid litigation delays. However, China’s discretionary evidence disqualification legislation violates the essence of evidence disqualification and encourages the emergence of transactional litigation, making evidence disqualification in our country a minor issue. We must evaluate the substance of the evidence disqualification system and create evidence disqualification norms in other jurisdictions based on our national conditions in order to manage litigation procrastination and apply the concept of equality of parties. Remove the flaw while keeping the essence. Creation of the pre-trial procedure and application of the interpretation right should be the cornerstone to the system’s construction, according to research. At the same time, based on Chinas’ national conditions, taking the loss of probative power as the consequence of overdue instead of fines and other substantive measures, we should be able to achieve the purpose of reshaping the system of evidence disqualification.

1997 ◽  
Vol 2 (4) ◽  
pp. 1-3
Author(s):  
James B. Talmage

Abstract The AMA Guides to the Evaluation of Permanent Impairment, Fourth Edition, uses the Injury Model to rate impairment in people who have experienced back injuries. Injured individuals who have not required surgery can be rated using differentiators. Challenges arise when assessing patients whose injuries have been treated surgically before the patient is rated for impairment. This article discusses five of the most common situations: 1) What is the impairment rating for an individual who has had an injury resulting in sciatica and who has been treated surgically, either with chemonucleolysis or with discectomy? 2) What is the impairment rating for an individual who has a back strain and is operated on without reasonable indications? 3) What is the impairment rating of an individual with sciatica and a foot drop (major anterior tibialis weakness) from L5 root damage? 4) What is the rating for an individual who is injured, has true radiculopathy, undergoes a discectomy, and is rated as Category III but later has another injury and, ultimately, a second disc operation? 5) What is the impairment rating for an older individual who was asymptomatic until a minor strain-type injury but subsequently has neurogenic claudication with severe surgical spinal stenosis on MRI/myelography? [Continued in the September/October 1997 The Guides Newsletter]


2018 ◽  
Vol 23 (4) ◽  
pp. 9-10
Author(s):  
James Talmage ◽  
Jay Blaisdell

Abstract Pelvic fractures are relatively uncommon, and in workers’ compensation most pelvic fractures are the result of an acute, high-impact event such as a fall from a roof or an automobile collision. A person with osteoporosis may sustain a pelvic fracture from a lower-impact injury such as a minor fall. Further, major parts of the bladder, bowel, reproductive organs, nerves, and blood vessels pass through the pelvic ring, and traumatic pelvic fractures that result from a high-impact event often coincide with damaged organs, significant bleeding, and sensory and motor dysfunction. Following are the steps in the rating process: 1) assign the diagnosis and impairment class for the pelvis; 2) assign the functional history, physical examination, and clinical studies grade modifiers; and 3) apply the net adjustment formula. Because pelvic fractures are so uncommon, raters may be less familiar with the rating process for these types of injuries. The diagnosis-based methodology for rating pelvic fractures is consistent with the process used to rate other musculoskeletal impairments. Evaluators must base the rating on reliable data when the patient is at maximum medical impairment and must assess possible impairment from concomitant injuries.


Author(s):  
Katherine Guérard ◽  
Sébastien Tremblay

In serial memory for spatial information, some studies showed that recall performance suffers when the distance between successive locations increases relatively to the size of the display in which they are presented (the path length effect; e.g., Parmentier et al., 2005) but not when distance is increased by enlarging the size of the display (e.g., Smyth & Scholey, 1994). In the present study, we examined the effect of varying the absolute and relative distance between to-be-remembered items on memory for spatial information. We manipulated path length using small (15″) and large (64″) screens within the same design. In two experiments, we showed that distance was disruptive mainly when it is varied relatively to a fixed reference frame, though increasing the size of the display also had a small deleterious effect on recall. The insertion of a retention interval did not influence these effects, suggesting that rehearsal plays a minor role in mediating the effects of distance on serial spatial memory. We discuss the potential role of perceptual organization in light of the pattern of results.


1956 ◽  
Vol 1 (12) ◽  
pp. 366-367
Author(s):  
EPHRAIM ROSEN
Keyword(s):  

1978 ◽  
Vol 23 (5) ◽  
pp. 376-377 ◽  
Author(s):  
HENRI TAJFEL
Keyword(s):  

1976 ◽  
Author(s):  
Jackie Shearer ◽  
Terry Signaigo ◽  
Mary Tiseo ◽  
Jay Watkins
Keyword(s):  

2004 ◽  
Author(s):  
Carlin Flora
Keyword(s):  

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