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[Medical expert assessment in the Anglo-American lawsuit]
1Abteilung für internationales und ausländisches Privatrecht, Universität Göttingen.
Abstract:
The expert testimony in the common law countries is fundamentally different from the one in the continental European countries. According to the anglo-american law, both parties present the evidence to the court. Witnesses are examined and cross-examined. Most important, the expert is not appointed by the court or a helper of the court, but the expert is an expert witness. He is presented by one of the parties, examined and cross examined. Because some of the expert witnesses may be biased, there can be a war of experts.