Expert Signs and Legal Burdens

نویسندگان

چکیده

Abstract Expert signs and expert evidence generate a justification problem in legal factfinding: factfinders cannot form justified belief about the relevant matter, nor justify acceptance of an testimony, insofar as they do not understand it. The different profiles systems (with jury trial or not) make substantial difference for point addressed, namely epistemic doxastic impasse generated by inability to signs, this occurs everywhere. However, have way out impasse: burdens proof. Burden rules govern outcome case. If burden is discharged, decision must be against burdened party. After discussing various aspects “Daubert trilogy” performing semiotic analysis one case particular ( Kumho ), paper explores impact that on issues.

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ژورنال

عنوان ژورنال: International journal for the semiotics of law

سال: 2022

ISSN: ['0952-8059', '1572-8722']

DOI: https://doi.org/10.1007/s11196-022-09932-3