both parties, using different triers of fact
, could prevail on their respective claims without prejudicing the other party or arriving at inconsistent results, a trial judge may separate the claims in the interests of preserving constitutional rights, clarity, or judicial economy.
Our legal system has sufficient confidence in the ability of human triers of fact
to distinguish truth from lies, unaided by experts or by technology, that cases go forward to trial even where findings of fact are wholly dependent on determining which of two or more witnesses is telling the truth.
As a general proposition, triers of fact
are entitled to disregard the testimony of an expert if they find it to be unpersuasive or unhelpful.
Gives guidance about applicable standards, rules and laws to practitioners serving as consultant, experts, triers of fact
, special masters, mediators and arbitrators (# 055297JA).
Jurors will ask embarrassing questions and we lawyers will no longer be able to flim-flam the triers of fact
While we thought the evidence was more than sufficient to meet the burden of proof, two independent triers of fact
had not arrived at a verdict.
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.
Factors which could cause actual results to differ include, among other things, future determinations by the court in the company's litigation against certain of its insurers, including but not limited to, allocation determinations made by the court among the defendant insurance companies, the impact on relevant calculations of amounts previously received in settlement, results of future settlement agreements and future arbitrations, the impact of future proceedings, including appeals, on determinations made to date by triers of fact
or the court, and the future financial condition of insurers at the time amounts, if any, are required to be paid by such insurers.
Accordingly, accountants should carefully consider the four Daubert factors when presenting valuation and/or economic damage testimony before all triers of facts
Reason and prudence exist in the minds, the values, and the standards of the triers of facts