1994-01-01, English, Article, Journal or magazine article edition: Preliminary screening hearings in products liability litigation: trampling on the fundamental constitutional right to trial by jury. Lew, Avi

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Bookmark: http://trove.nla.gov.au/version/110634695
Physical Description
  • Magazine/​Journal article
Published
  • Elsevier Science Publishers, 1994 Wntr
Language
  • English

Edition details

Title
  • Preliminary screening hearings in products liability litigation: trampling on the fundamental constitutional right to trial by jury.
Appears In
  • Journal of Products and Toxics Liability, v.16, no.n1, 1994 Wntr, p.37-43 (ISSN: 0967-2680)
Author
  • Lew, Avi
Published
  • Elsevier Science Publishers, 1994 Wntr
Physical Description
  • Magazine/​Journal article
Subjects
Target Audience
  • Professional
  • Trade
Summary
  • Products liability cases should not have preliminary hearings to screen the testimony of expert witnesses, as this would damage the right to a jury trial. Scientific testimony is hampered by the certainty standard of Frye v. United States, which led to screening hearings, and the Federal Rules of Evidence ameliorated this in 1975. The legal sufficiency standard of Ferebee v. Chevron Chemical Co. should be used to permit expert testimony, instead of the Frye standard.
Language
  • English
Database
  • Gale General OneFile
Identifier
  • 15586844

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Deakin University. Deakin University Library. Open to the public 22P32747; Held Periodical; Journal, magazine, other English
Monash University. Monash University Library. Open to the public 9919029701751; Shelved by title; v. 15 (1993) to v. 16 (1994); LA; SER Periodical; Journal, magazine, other English
National Library of Australia. Open to the public 2786377; S 347.71 JOU; Vol. 15, no. 1-v. 16, no. 3/4 1993-1994 Periodical; Journal, magazine, other English
NSW Attorney General's and Justice Department: Library Services. May not be open to the public JOURNALS (NSC) Periodical; Journal, magazine, other English
State Library of NSW. Open to the public N346.73038/1; Vol. 15, no. 1 (1993)- Periodical; Journal, magazine, other English
University of Queensland. University of Queensland Library. Open to the public b17071070; lawp KF1296.A1 J64 : 15(1993)-17(1995) Periodical; Journal, magazine, other English
Western Sydney University. Penrith Campus Library. Open to the public Periodical; Journal, magazine, other English
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National Library of Australia. Open to the public 2786377; S 347.71 JOU; Vol. 15, no. 1-v. 16, no. 3/4 1993-1994 Periodical; Journal, magazine, other English
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NSW Attorney General's and Justice Department: Library Services. May not be open to the public JOURNALS (NSC) Periodical; Journal, magazine, other English
State Library of NSW. Open to the public N346.73038/1; Vol. 15, no. 1 (1993)- Periodical; Journal, magazine, other English
Western Sydney University. Penrith Campus Library. Open to the public Periodical; Journal, magazine, other English
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University of Queensland. University of Queensland Library. Open to the public b17071070; lawp KF1296.A1 J64 : 15(1993)-17(1995) Periodical; Journal, magazine, other English
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Deakin University. Deakin University Library. Open to the public 22P32747; Held Periodical; Journal, magazine, other English
Monash University. Monash University Library. Open to the public 9919029701751; Shelved by title; v. 15 (1993) to v. 16 (1994); LA; SER Periodical; Journal, magazine, other English
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