scholarly journals The role of reliable mining and construction analysis in adjudicating mining damage claims

2021 ◽  
Vol 20 (3) ◽  
pp. 083-097
Author(s):  
Wojciech Kocot
Keyword(s):  
Visual Inspection ◽  
Surface Deformation ◽  
Expert Witness ◽  
Mining Area ◽  
Court Cases ◽  
Mining Company ◽  
Damage Claims ◽  
Effect Relation ◽  
Deformation Measurements

The basis for recognising claims for mining damage to a structure should be a mining and construction analysis, carried out following a detailed visual inspection of the damage and the results of surface deformation measurements. It allows to establish a cause and effect relation between the activity of the mining company and the damage. Unfortunately, there are cases when such an analysis is omitted and the following scheme is used: "since there is damage and the object is located in a mining area, it is mining damage". The problem is illustrated by two court cases where the author acted as an expert witness. Both cases are examples of the so-called pseudo-mining damage and confirm the thesis that the mere image of damage without professional analysis of construction and mining factors may lead to wrong conclusions regarding the causes of the damage.

The Role of Forensic Medicine in Medical Errors

2017 ◽  
pp. 144-170
Author(s):  
Grigorios Leon
Keyword(s):  
Forensic Medicine ◽  
Medical Errors ◽  
Crucial Role ◽  
Expert Witness ◽  
Standard Of Care ◽  
Medical Liability ◽  
Court Cases ◽  
Doctor Who ◽  
Malpractice Litigation

This chapter presents the importance of Legal and Forensic Medicine in medical malpractice and explains how autopsies have a crucial role for the evaluation and the prevention of medical errors. Health systems vary from country to country; however, experts are indispensable in each system. In fact, experts' opinions are asked for resolution of specific court cases. Standard of care is often assessed by expert medical witnesses who testify for one of the litigants. The physician who acts as an expert witness is one of the most important figures in malpractice litigation. Therefore, a doctor who is an expert witness has to have certain training and qualifications and to act under common recommendations. The ideal medical expert seems to be the forensic doctor. In the future, a harmonization of practices could be applied in medical liability cases and the guidelines provided by the medico-legal community could constitute a stable base for their evaluation.

Introduction to Ethics, Methods, and Models

2014 ◽  
Vol 36 (3) ◽  
pp. 2-3
Author(s):  
Anita Puckett
Keyword(s):  
Expert Witness ◽  
Applied Anthropology ◽  
Cross Cultural ◽  
Cultural Communication ◽  
Cultural Variation ◽  
Court Cases ◽  
Interesting Issue ◽  
Cross Cultural Communication ◽  
Creating Meaning

This interesting issue of Practicing Anthropology brings together eight individually submitted articles that cluster around topics of ethics, models, and methods for conducting applied anthropology projects in private and governmental sectors. While the various themes of the articles range from how international representatives working at the "frontiers of globalization" can succeed in creating meaning cross-cultural communication to how applied anthropologists can fulfill well the role of "expert witness" in court cases involving cultural variation in every day behaviors, they all bring insights and reflections to bear on the practice of being an applied anthropologist.

Qualifying as an Expert Witness and a Perspective on Negligence

1992 ◽  
Vol 36 (8) ◽  
pp. 616-620
Author(s):  
Leighton L. Smith
Keyword(s):  
Human Factors ◽  
Personal Experience ◽  
Expert Witness ◽  
Landing Gear ◽  
Court Cases ◽  
Witness Testimony ◽  
Expert Witness Testimony ◽  
Representative Case ◽  
Gear Case

This article discusses the process of qualifying as an expert witness in court cases. The author's personal experience as a human factors expert witness in a representative case is described and used as an illustrative example. The role of the expert witness in typical injury litigations is described. The difficulty in convincing judges to allow such testimony by experts is also discussed. The value of human factors expert witness testimony is shown through the particulars of an inadvertent landing gear retraction accident lawsuit. In addition, a discussion of the negligence phase of these types of litigations is provided and it is demonstrated again using the landing gear case as illustration, how human factors expert witness testimony can be extremely integral to the judgment of negligence.

An Optoelectronic System for Real-Time Surface Deformation Measurements

Vestnik MEI ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 101-108
Author(s):  
Anton Yu. Poroykov ◽  
◽  
Konstantin M. Lapitskiy ◽  
Keyword(s):  
Real Time ◽  
Surface Deformation ◽  
Optoelectronic System ◽  
Deformation Measurements

Approaches to Supporting Local and Community Development

2018 ◽  
Author(s):  
Liesel Mack Filgueiras ◽  
Andreia Rabetim ◽  
Isabel Aché Pillar
Keyword(s):  
Large Scale ◽  
Mining Company ◽  
The Sustainable Development ◽  
Social Partnership ◽  
The Public ◽  
Mining Investment ◽  
The Social ◽  
Corporate Social

Reflection about the role of community engagement and corporate social investment in Brazil, associated with the presence of a large economic enterprise, is the major stimulus of this chapter. It seeks to present how cross-sector governance can contribute to the social development of a city and how this process can be led by a partnership comprising a corporate foundation, government, and civil society. The concept of the public–private social partnership (PPSP) is explored: a strategy for building a series of inter-sectoral alliances aimed at promoting the sustainable development of territories where the company has large-scale enterprises, through joint efforts towards integrated long-term strategic planning, around a common agenda. To this end, the case of Canaã dos Carajás is introduced, a municipality in the State of Pará, in the Amazon region, where large-scale mining investment is being carried out by the mining company Vale SA.

Examination of notarized photocopy of a document on the example of свидительства o рождении (birth certificate)

2020 ◽  
Vol 310 ◽  
pp. 58-66
Author(s):  
Jacek Juszkiewicz ◽  
◽  
Judyta Malewska ◽  
Keyword(s):  
Expert Witness ◽  
Birth Certificate ◽  
Public Law ◽  
Point Of View ◽  
Notary Public

This article attempts to address certain aspects of forensic-legal examination of the authenticity of a document on the basis of a notarized photocopy (certified copy). The article outlines the essence of the notarial act – regulated in Article 98 of the Polish Notary Public Law – of certifying the conformity of a copy, extract or photocopy with a presented document and the dangers that may arise from regarding a notarized photocopy of a presented document as a photocopy of an authentic document. The role of the notary in terms of document authenticity verification has been signaled. From a forensic point of view, the lack of evidentiary equivalence between an original document and a certified photocopy in the process of testing the authenticity of a document was emphasized. Based on examples from the practice of an expert witness, the possibility of identifying a forgery on the basis of a notarized photocopy of a document свидительствo o рождении is presented. The authors attempt to formulate several postulates concerning the making of photocopies of documents and their subsequent notarization.

The role of forensic science and forensic examination in international cooperation in the investigation of crimes

2021 ◽  
Vol 28 (1) ◽  
pp. 179-186
Author(s):  
Valery Yu. Shepitko ◽  
Mykhaylo V. Shepitko
Keyword(s):  
Forensic Science ◽  
International Cooperation ◽  
International Criminal ◽  
Expert Witness ◽  
International Crime ◽  
National Level ◽  
Criminal Court ◽  
Theory And Practice ◽  
International Level

The application of forensic science and expertise is a necessary prerequisite for the investigation of crimes at the local and national level. Without the use of forensic science and expertise, an investigation within the framework of a criminal process becomes dead and unsubstantiated. But with the globalisation of world processes, the development of technologies, the speed of information transmission, the formation of crime outside the borders of one state and its entry into the international level has become an urgent problem, which has become a challenge in countering such crime and the need to steer forensic science and expertise towards assisting law enforcement activities. A special feature of countering the investigation of crimes was the creation of international cooperation between forensic specialists and expert witnesses even prior to the establishment of practical institutions that could counteract them in practice. Therewith, some representatives of such international unions and associations have taken serious steps in creating mechanisms for real counteraction to crimes at the international level (R.A. Reiss, G. Soderman, M.Sh. Bassiuni). Coverage of the problem of international cooperation in the investigation of crimes through the definition of the role of forensic science and expertise allowed focusing on the following blocks: 1) international associations of forensic specialists for combating crime in the historical context; 2) international criminal police organisations in combating crime; 3) international cooperation in the field of conducting forensic examinations; 4) the use of forensic and special knowledge in the activities of the International Criminal Court. Thus, a combination of theory and practice in the fight against crime is demonstrated. Historically, this is associated with the role of forensic science and expertise in recording traces of crimes, analysing them, and forming legal, forensic, and expert witness opinions. The purpose of the study is to establish the decisive role of forensic science and expertise in international cooperation in the investigation of crimes. For this, the authors turned to forensic science and expertise, historical processes that served to create substantial international organisations created to counter international crime

scholarly journals Relaxation of scratch-induced surface deformation in silicate glasses: Role of densification and shear flow in lateral indentation experiments

2018 ◽  
Vol 500 ◽  
pp. 382-387 ◽  
Author(s):  
Elham Moayedi ◽  
Shigeki Sawamura ◽  
Jana Hennig ◽  
Enrico Gnecco ◽  
Lothar Wondraczek
Keyword(s):  
Shear Flow ◽  
Surface Deformation ◽  
Silicate Glasses
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