Because triers of fact are increasingly multigenerational, plaintiffs, defendants, and witnesses need to understand each age group's thought processes, attitudes, information needs, and attention spans, and be prepared to address them specifically.
Triers of fact quickly lose patience with technical jargon.
Television and, more recently, computers have changed forever how we communicate and how triers of fact perceive the world.
Although it may be purely coincidental, it also is possible that the distinct disparity in their conclusions occurs for the same reason that experts are needed to assist male and female triers of fact
understand what constitutes sexual harassment and its impact on the victim.
Gives guidance about applicable standards, rules and laws to practitioners serving as consultant, experts, triers of fact
, special masters, mediators and arbitrators (# 055297JA).
Courts prefer expert witnesses to avoid the use of vague phrases such as "in my opinion ...," "based on my judgment ...," or "based on my experience ...." When possible, triers of fact seem to prefer that accountant experts use positive phrases such as "my analysis indicates ...," "the data supports ...," or "the market tells us ...." These positive phrases provide triers of fact with explanations and justifications for their eventual opinions.
In recent years, triers of fact seem to prefer that experts avoid statements such as "it is the state's position that ..." or "it is my firm's position that ...." As an accountant, you should be mindful of the fact that you are the expert - not your corporate or governmental employer.
Abstract formulas and conceptual theories are great - but triers of fact seem to want to understand how they apply to the specific set of facts and circumstances in front of them.
What yardstick do triers of fact use to determine not only whether people have experienced sexual harassment, but also the extent of emotional distress injuries sustained and the amount of financial compensation to which plaintiffs are entitled?
To assist triers of fact in sexual harassment cases, we developed a Sexual Harassment Rating Scale.(3) Sexual harassment was measured as the relative distress perceived in the various behaviors comprising sexual harassment and how this distress compared to other nonsexual stressors.
Has guidance for practitioners on the standards, rules and laws that apply to serving as consultants, experts, triers of fact
, special masters, mediators and arbitrators.
Reason and prudence exist in the minds, the values, and the standards of the triers of facts
. In a bench trial, the representative of justice is the judge.