scholarly journals The Forensic Engineer in State and Federal Court

2014 ◽  
Vol 31 (2) ◽  
Author(s):  
Richard M. Ziernicki
Keyword(s):  
United States ◽  
Legal System ◽  
Expert Witness ◽  
Federal Court ◽  
The United States ◽  
Court System ◽  
Civil Lawsuits ◽  
Forensic Engineering ◽  
And Function

This paper outlines the legal system in the United States, the different types of courts, the differences between criminal and civil law, and the role of forensic engineering experts involved in civil lawsuits. After providing a summary of relevant procedures employed by civil and criminal courts, the paper describes the basic principles and requirements for the selection and work of a forensic engineering expert in both the state and federal court system. This paper outlines the role and function of forensic experts (specifically forensic engineers), in the United States court system. It is not a treatise on the legal system but on the role of experts. The paper presents the requirements typically used in today’s legal system to qualify a forensic engineer as an expert witness and to accept his or her work and opinions. Furthermore, this paper discusses who can be an expert witness, the expert’s report, applicable standards, conducted research, engineering opinions, and final testimony in court — and how those elements fit into the legal system. Lastly, the paper describes the concept of spoliation of evidence.

scholarly journals Forensic Engineering Investigation of Above-Ground Pool Submersion Accidents

2015 ◽  
Vol 32 (2) ◽  
Author(s):  
Richard Ziernicki ◽  
William H. Pierce
Keyword(s):  
United States ◽  
The United States ◽  
Swimming Pool ◽  
Consumer Product Safety Commission ◽  
Adult Supervision ◽  
Forensic Engineering ◽  
Product Defect ◽  
Engineering Investigation ◽  
Alternative Designs

In the United States, approximately 35 children under the age of five years old drown each year after access-ing above-ground pools via pool ladders. Consumer Product Safety Commission (CPSC) data also shows that approximately 486 additional children sustain submersion-related injuries after accessing above-ground pools via pool ladders. In many cases, these events occurred during brief lapses of adult supervision. This paper fo-cuses on potential product defect issues related to child submersion accidents, including the role of user manuals, alternative designs, warnings, instructions, and child behavior testing. The authors examine the issues related to the investigation of above-ground swimming pool submersion accidents. In addition, procedures and steps are outlined that may be useful in analyzing whether the swimming pool is defective and unreasonably dangerous.

scholarly journals Avanços e limites na historiografia da legislação urbanística no Brasil

2001 ◽  
pp. 33 ◽  
Author(s):  
Sarah Feldman
Keyword(s):  
United States ◽  
Urban Development ◽  
Public Administration ◽  
Legal System ◽  
The United States ◽  
Historical Research ◽  
Recent Developments ◽  
History Of ◽  
The 1960S

Este trabalho tem por objetivo analisar a produção recente no campo da história da legislação urbanística no Brasil, procurando detectar avanços e limites para a reflexão sobre desenvolvimento urbano e práticas urbanísticas. O texto organiza-se em três eixos analíticos. Em primeiro lugar, procura-se situar os trabalhos no processo de disseminação de estudos da história urbana no Brasil, vinculando-os ao movimento de ampliação do território da história que ocorre na Europa e nos Estados Unidos, a partir dos anos 60, com a chamada História Nova. Em segundo, baseado em um panorama da produção recente, são detectadas as vertentes dominantes e emergentes nos trabalhos sobre legislação. Em terceiro, são discutidos dois aspectos que se configuram como lacunas na historiografia da legislação: o lugar ocupado pelas normas, a partir do momento em que idéias e práticas urbanísticas têm um espaço institucionalizado na administração pública; e o lugar dos pressupostos modernistas na legislação brasileira, visto que o movimento modernista formula a proposta de um novo sistema legal para o urbanismo.Palavras-chave: legislação urbanística; história; movimento moderno. Abstract: This paper analyses recent developments in the history of Brazilian urban legislation, pointing out the progress made and limits faced, as a basis for reflection in the debate on urban development and planning practice. The analysis is divided into three parts. The first relates the dissemination of urban historical research in Brazil to the expansion of the field of history which began in the 1960s with the "New History" movement in Europe and the United States. The second part sets out the dominant and emerging approaches to urban legislation. Finally, there is a discussion of two aspects that are seen as gaps in the history of urban legislation: the role of norms, as the ideas and practices of urban planning become institutionalised within public administration, and the influences of modernist ideas on Brazilian urban legislation, taking into account that the modern movement proposes a new legal system for urban planning.Keywords: urban legislation; history; modernist movement.

scholarly journals Networks of modern intellectuals in pursuit of overcoming crisis trends: theoretical-applied aspect

2020 ◽  
pp. 74-90
Author(s):  
Nikita Nikolaevich Ravochkin ◽  
Valerii Nikolaevich Bobrikov
Keyword(s):  
United States ◽  
The United States ◽  
Structural Elements ◽  
Behavioral Strategies ◽  
Applied Aspect ◽  
The Government ◽  
And Function

This article examines the role of networks of intellectuals in the aspect of seeking ways to overcome the current crises (primarily political-legal) trends. The object of this research is the networks of modern intellectuals. The authors clarify the concept of the networks of intellectuals, review the structural elements and relationship models between the participants. Leaning on the contemporary scientific material, the article describes most popular relationship strategies between the users of the networks of intellectuals and the government. Practical examples of relationships between the U. S. and European intellectuals along with the key difference in the applied strategies are analyzed. Among the main conclusions, the authors note the peculiarities of interaction inside and between various networks of intellectual; however, confrontation between the opponents appeared to be most constructive. Networks of intellectuals can be formed and function for several centuries and on the territories of multiple countries, launching functional chains presented by the developed ideas and concepts. The applied analysis demonstrate that intellectuals of the United States and Europe (despite commonality of views) adhere to different behavioral strategies in their relationship with the authorities: being in management structures or holding a position of independent experts respectively.

scholarly journals Forensic Engineering Practice In New Zealand

1992 ◽  
Vol 9 (1) ◽  
Author(s):  
Stephen C. Jenkins
Keyword(s):  
United States ◽  
New Zealand ◽  
The United States ◽  
Engineering Practice ◽  
Legal Environment ◽  
Court System ◽  
View Point ◽  
Insurance Plan ◽  
Forensic Engineering ◽  
The Right

It is interesting to read of the controversy arising from the Quayle Report in the United States, and the proposals to limit or restrict the activities of expert witnesses and particularly forensic engineers. This move appears to mirror moves in the New Zealand court system, although these moves are being approached from a completely different view point and arise from a completely different legal environment. Forensic engineering h New Zealand is a much smaller field than in the United States. For many years New Zealand has restricted the right of individuals to sue for matters born accident and injury, and has instead operated a central, tax-funded, no-fault insurance plan. The structure of the Plan is currently under review, but it is likely that the right to sue will still be restricted.

“Can I Get in on the Joke, Too?”

2016 ◽  
pp. 164-176
Author(s):  
Frederick W. Gooding Jr.
Keyword(s):  
United States ◽  
Legal System ◽  
United States Of America ◽  
The United States ◽  
The Internet ◽  
Bodily Harm

This chapter explores the ramifications of having race-based “dirty laundry” aired through humor, without necessarily being dirty jokes. Not only is the United States of America reputed to be a “free country,” but also there are few restrictions on Internet participation outside of obvious legal infractions. Thus, while repulsive in their worst form or in poor taste in their naive form, racist jokes are not regulated on the Internet. Nor is expressing or espousing racism online in and of itself illegal. Currently our legal system is designed to respond or react to manifestations of racist thought when acted out against another in the physical realm (e.g., denying another a job based upon their race or inflicting bodily harm when motivated by racial animus). While we presume that most would not want to entertain destructive thoughts, people are free to hold, share and emote racist ideas in cyberspace. Thus, with the ever-expanding role of the Internet in many of our lives, it is important to interrogate whether such publicly broadcast in-group humor will desensitize other members of other races outside of the joke. This chapter will tease out the implications of the continued sharing online of racial humor, with those both in and outside of the original joke.

2 Treaties

2015 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
United States ◽  
Legal System ◽  
Separation Of Powers ◽  
The United States ◽  
International Agreements ◽  
The Status ◽  
Relationship Of ◽  
The Relationship ◽  
The U.S

This chapter considers the status of treaties within the U.S. legal system. The focus is on international agreements concluded through the senatorial advice and consent process specified in Article II of the Constitution. The chapter describes that process, including the Senate’s ability to condition its consent through reservations and other qualifications. It also discusses the role of treaties as supreme law of the land, including the situations in which treaties will be considered “self-executing” and “non–self-executing,” as well as the later-in-time relationship of treaties to federal statutes. The chapter also discusses the relationship of treaties to constitutional limitations concerning the separation of powers and federalism, including the implications of the Supreme Court’s 1920 decision in Missouri v. Holland. The chapter concludes with a consideration of how the United States terminates treaties.

2 Treaties

2020 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
United States ◽  
Legal System ◽  
Separation Of Powers ◽  
The United States ◽  
International Agreements ◽  
The Status ◽  
Relationship Of ◽  
The Relationship ◽  
The U.S

This chapter considers the status of treaties within the U.S. legal system. The focus is on international agreements concluded through the senatorial advice-and-consent process specified in Article II of the Constitution. The chapter describes that process, including the Senate’s ability to condition its consent through reservations and other qualifications. It also discusses the role of treaties as supreme law of the land, including the situations in which treaties will be considered “self-executing” and “non–self-executing,” as well as the later-in-time relationship of treaties to federal statutes. The chapter also discusses the relationship of treaties to constitutional limitations concerning the separation of powers and federalism, including the implications of the Supreme Court’s 1920 decision in Missouri v. Holland. The chapter concludes with a consideration of the president’s constitutional authority to withdraw the United States from treaties.

Introduction

2021 ◽  
pp. 1-16
Author(s):  
James E. Pfander
Keyword(s):  
United States ◽  
Twentieth Century ◽  
Federal Court ◽  
The United States ◽  
Federal Courts ◽  
Court System ◽  
Federal Law ◽  
The Supreme Court ◽  
History Of ◽  
Article Iii Courts

This book’s introduction poses the problem of uncontested adjudication in the federal court system of the United States by focusing on the 2013 decision in United States v. Windsor. While in that case, the Supreme Court reached the merits despite the absence of a continuing dispute between the parties, Justice Antonin Scalia objected that doing so violated the adverse-party requirement, which he viewed as a constitutional requirement imposed by the case-or-controversy language of Article III. In arguing that federal courts may not entertain uncontested claims of right, Scalia’s dissent in Windsor nicely poses the question at the heart of this book. But the book reaches a different conclusion, based on the text and history of the Constitution, and the early practice of Article III courts. Having set the stage, the introduction offers an overview of the book’s argument. Part I describes the early practice of the antebellum federal courts, Part II the rise of the case-or-controversy rule in the early twentieth century, and Part III the continuing relevance of uncontested forms of adjudication. Synthesizing these strands, the book concludes that Article III courts can entertain proceedings to hear and determine uncontested applications to assert or register a claim of right under federal law.

scholarly journals The Current Status of the Preclusive Effects of Judgments in the Federal Court System of the United States of America

Lexonomica ◽  
2020 ◽  
Vol 12 (2) ◽  
pp. 163-210
Author(s):  
Thomas Allan Heller
Keyword(s):  
United States ◽  
United States Of America ◽  
Federal Court ◽  
The United States ◽  
Federal Courts ◽  
Current Status ◽  
Court System ◽  
Res Judicata

Res judicata law in the United States of America has a long, extensive and complex history. The aim of this paper is to provide at least a working summary of some of the most important aspects of the current res judicata law in the federal court system of the United States. The flexible discovery, pleading and joinder rules have given rise to more expansive res judicata law. The paper will discuss what exactly constitutes a judgment; how the federal courts deal with the finality of judgments in multiple parties and multiple claim cases; the final judgment rule; the form of judgments; the methods to enter judgments and significance of entry of judgments; together with a detailed overview of the doctrine of res judicata itself, including the separate, but related twin doctrines of claim preclusion and issue preclusion.

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