Legal Act Application on Accident Cases
Explain each of the following and relate them to accident investigation:
In terms of accident cases, it may seem that legal testimonies may not appear to be as helpful. However, to be able to prove that a situation could be grounded as an accident by the court, legal testimonies from witnesses of the case are essential to the completion of the judgment. As noted, such testimonies are respected as a form of strong evidence to several situations occurring, including accidents and other cases as well.
Such testimonies were even proven to be the best source of information for the judges to decide upon the case that they are handling. As the witnesses take an oath before they give any information, they are then held responsible for whatever they say and are then viewed as giving information for the jury and the judge to think upon during the hearing.
The jury is a group of people who are expected to give their side of the decision based upon their reactions and reflections with regards the events and informations shared by the witnesses before them. If they are convinced that the situation that happened was an accident, then at least 50% of the final judgment shall be based on that. As fact finders of the court, the jury has a strong responsibility of balancing the truth to help the court have a right decision upon every case presented to them.
c. direct examination
Questioning the witnesses about what they saw and how it all happened as they remember is noted as direct examination. Usually, the questions are also designed to test the competency of the witnesses to note if they are reliable for the case proceedings and judgment being handled in the court. This shall help the court establish their trust as well as the jury’s trust towards the witness being questioned.
d. cross examination
The attorney of the opponent side would question the witness about some inquiries with regards the case, this is cross-examination. In terms of accident cases, such questioning may not be necessary, however still helpful as they establish the competency and the regularity of the statements of the witness. The attorney may not necessarily be questioning the witness for the sake of an opponent but for the sake of presenting possible facts to him, setting an argument to the statements that the witness has presented to the court.
e. psychological factors influencing the case
Witnesses may come from either the family or the friends of the victim. Likely, because of grief, some of them may have unreliable statements that are driven by weak psychological situation during their time of grief. This is the reason why it is sometimes much reliable to have witnesses that do not have connection with the victim so as to do away with the effects of psychological issues that are usually present among people close to the victim of a certain accident. This shall make the statements more constant and strong for basis of the judgment.
Amar, A.R. (1998). The Bill of Rights. New Haven, CT: Yale University. pp. 81-118.