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Testimony need not touch on the facts of the case to arm factfinders with a framework to assess plaintiffs' claims.
Debiasing may, for example, take the form of specifically instructing factfinders that circumstantial evidence must not be treated differently from direct evidence, and perhaps even drawing attention to the existence of the anti-inference bias.
Using a factfinder is a great way to spend time with a prospect or client and to learn about their needs, hopes and dreams.
54) The resolution stated that expert evidence concerning BWS should be admissible so that factfinders can better understand the woman's behavior.
Even in the absence of that fundamental realization, a common way for factfinders to express their assessment of evidence (33) is as a gradation of belief in a proposition, where the gradation may take any numerical (or usually nonnumerical) value throughout the whole interval from zero to one.
He attributes the poor diagnosticity of the trial to factors such as informational asymmetry on cross; the contorted language of instructions; the failure to provide factfinders with examples, written instructions, and the opportunity to deliberate before voting; and the need for mechanisms apart from instructions, such as more careful screening of extra-evidential information before it reaches the jury.
A second, weaker, reading of Boumediene seems more plausible: Boumediene's factfinder requirement precludes Congress from closing down all lower federal courts unless a competent factfinder remains available.
When providing the completed special verdict to subsequent factfinders, courts must apply issue preclusive effect to the conclusions recorded in the special verdict.
LA argues that factfinders have a difficult time determining when an
Demeanor evidence consists of everything the factfinder can readily
In theory--a theory the Supreme Court has accepted as a principle of constitutional law--such independent review prevents prejudiced or erroneous deprivation of constitutional rights by factfinders.
Factfinders suggests using the pen in addition to other detection measures.