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Litigation News
Untangling Causation Issues In Law And Medicine Hazardous Substance Litigation
Judges and juries are increasingly being asked to settle questions about disease caused by hazardous products.With the growth of litigation on toxic substances and unsafe products, more and more courts must wrestle with the complicated scientific proof of the relation between exposure and disease or injury.
This proof frequently involves the use of probabilistic evidence in the form of statistical tests and epidemiologic studies.
Anglo-American law relies on deductive notions of causation and is suspicious of probabilistic evidence of causation.As a result, court decisions of hazardous substance cases are sometimes based on a confused understanding of the critical causal connection.
Physicians who testify in such cases, either as the treating doctor or as expert witnesses, must be aware of the court`s difficulty with probabilistic evidence. In addition, physicians must state clearly the role of such evidence
There are many types of civil litigation cases.
Civil litigation cases can include: patent litigation, trade secret litigation, debt settlement litigation, personal injury litigation, defamation action litigation, discrimination litigation, and business litigation, to name a few.
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Definition:
A chief judge is appointed by seniority and has primary responsibility over the administration of the court and decides cases at the same time.
Writ of certiorari
Definition:
An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
Common law
Definition:
Common law is the type of legal system the United States is based on. Common law originated in England and is based on judicial decisions rather than legislative action.
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