Only One Persons Opinion

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Predictability of the outcome of the assessment. Predictability of the outcome of the assessment cannot be a selection criterion.


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Predictability sometimes cannot be eliminated if the expert upholds a certain scientific opinion. However, it is not permitted knowingly to appoint an expert supporting a certain scientific view in order to influence the outcome of the assessment. In any case, experts should indicate clearly whether they align themselves to a prevailing scientific view and, if not, why they have decided not to do so. Rather, there should always be an effort to appoint an independent expert or a panel of experts who can present all different scientific views and who can then decide for one of them, explaining the reasons to the court and the parties.

The expert should be able to present his expert opinion in clear and comprehensible language and, where necessary, also in the required official language used in court.

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The nationality of the expert, and especially that of the country of the court, is unimportant and therefore not a selection criterion. Decisiveness and reference to results. It can be assumed that this is usually the case with forensically experienced experts. The selection criteria have to be considered in an overview. The general principle must be the competent, independent and impartial expert who can prepare an expert opinion with regard to a well-regulated court proceeding.


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  4. Only thus can it be guaranteed that the fact-finding is correct and helpful for the court procedure. In the course of such a selection procedure the following rules should be obeyed:. The person appointing the expert can either be the judge who deals with the lawsuit or an administrative body of the court. The expert can either be selected during the core procedure of the lawsuit or in a special, separate procedure.

    The general principle of the selection procedure has to be guaranteeing a certain standard quality, hence the aim of finding a competent and independent expert with no conflicts of interest. Free selection or binding requirements. During the judicial selection process there is the possibility of allowing a single selector a free choice according to the listed selection criteria. Agreed experts. The court — either the deciding judge or the administrative body of the court — can decide to waive the proof of expertise by the expert if it appoints an agreed expert whose general competence was proven to responsible bodies.

    The selection procedure is thereby facilitated. Scrutiny of the expertise is then no longer necessary. To ensure that this expertise is maintained, there should be regular monitoring of the status of agreed expert. Also, such status should be temporally restricted and a possibility of extension should be provided.

    Don't Fear Rejection: It's Just One Person's Opinion

    Experts from the professional chambers. Professional chambers and organisations sometimes have a catalogue of experts. It is possible to refer to those catalogues for the selection and appointment of an expert. Sometimes one can ask these chambers and organisations to make one or more suggestions for experts to the court. This is especially interesting if there are questions concerning unusual and rarely investigated areas of expertise. However, there is no binding effect to those suggestions. Other lists.

    The Work Required to Have an Opinion

    It is possible that experts may be appointed from trade associations created for the purpose of proposing experts. These organisations may improve the possibility of selecting the most appropriate expert, yet due regard should be paid to the guarantees of independence of the expertise they can provide. Duty of the court to hear the expert in court before appointment. The expert selected and appointed must always have the possibility to be heard in court after selection and before receiving instructions.

    The expert is only appointed for a given lawsuit and the specific fact-finding in that case. For new questions or a new procedure, there is always the need for a new appointment. After the selection of the expert in the judicial procedure, the parties should have the opportunity to deliver an opinion concerning the nomination. Parties who invoke one special reason for refusal have to explain it in detail. The court should be able to decline or change an expert if the reason for refusal is considered well-founded.

    Valid reasons for refusing an expert can be reasons that imply violation of the principle of factual independence or personal impartiality, e.

    The expert is instructed to become an expert by judicial appointment. The parties may have the possibility to appeal against the appointment of a certain expert. Thus it can be guaranteed that the principles of independence and impartiality are preserved. Certain countries have found it useful to appoint judges who are specifically in charge of expertise-related matters, including matters relating to the selection of the experts, the failure of the experts to deliver an expert opinion meeting good quality standards, etc. The purpose of expert opinions is to be used as evidence in the lawsuit.

    Therefore it is important concerning the practical handling and the necessary cogency of the expert opinion that there be general rules for the form of expert opinions. This is the purpose of the following rules. The expert has to state exactly the instructions of the court. It seems to be reasonable that this should emerge from the expert opinion itself if the expert correctly and explicitly refers to the instruction of the court. So how do we approach this to benefit the theatre?

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    Well, one thought is how about having someone in the lobby and at the end of the show getting feedback from the audience. Maybe set up a video camera and ask the audience how they liked the show. Have someone with a survey form and talk to your audiences. We do shows for our audiences, not just for a couple of reviewers, right? Use social media to promote the show with the feedback from the audiences, the people that pay for the tickets to our shows.

    And there is you review that matters, bottom line. As always, any ideas or feedback or discussion is always welcome. Enjoy the show! Blog dedicated to show reviews of Broadway and nationwide Community Theater. If fear motivates our laws and our attitudes toward immigrants, we end up with the death of the American dream. Those who oppose undocumented immigrants might cheer her decision without understanding that the death of this dream signals the end of something that makes the country unique. What does not make this country unique is one of the things it was founded on: white supremacy.

    White supremacy justified colonization and slavery, the slaughter of the natives and the theft of their land, westward expansion of the frontier and the seizure of half of Mexico, and our forays into the Pacific. The presence and struggles of peoples of color for equality, and this idea of an American dream, saved the United States from being a completely racist country reserved for whites. As flawed, mythical or sentimental as the dream might be, at least it offers hope and a rhetoric for transcending our most base selves.

    Without immigrants and without that dream, we become a smaller country, both in population and aspiration. We lose a source of energizing heroes, those whom Ms. Cornejo-Villavicencio memorably describes as the immigrant and refugee survivors of legendary journeys as dramatic as the Odyssey, except with all the monsters and no gods.

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    Can we recognize the everyday greatness of the average person who has walked thousands of miles and endured untold misery to get to this country? Theirs is a great love story, of separation and reunification, and of the fulfillment found in learning to dance together. After a lifetime of work, Mr. The same can be said of our entire American generation, which has the unique experience of watching the American empire peak and decline.

    Our national midlife crisis, our sense of our slipping global power, can drive us to act out or to examine ourselves. We act out by longing for enemies to conquer in the vain hope that this will restore our greatness, and we mistake immigrants and refugees for those enemies. But if we are mature enough to examine ourselves, we can both celebrate the accomplishments of American culture and also acknowledge — and maybe even atone for — its terrible deeds. We can help to make up for these tragedies by doing two things that foes of immigration argue are incompatible: renewing our commitment to the most marginalized Americans who are already here, and welcoming the immigrants and refugees who regenerate us.

    The Times is committed to publishing a diversity of letters to the editor. Here are some tips. The comments section is closed. To submit a letter to the editor for publication, write to letters nytimes. Walk, Run, Cha-Cha An immigration love story on the dance floor.

    Darlin A mother fights to reunite her family after detention.