EXPERT EVIDENCE AND PRIVATE KNOWLEDGE OF THE JUDGE: BETWEEN OPTIMISM AND DEFERENCE
DOI:
https://doi.org/10.22370/rcs.2021.78.3025Keywords:
Expert evidence, Private knowledge, Internet, Notorious facts, Judicial noticeAbstract
Facing the expert evidence in the judicial process was not, and is not, something simple. However, nowadays, it is easier for people (lawyers, judges) to access, on their own, knowledge or information regarding extra-legal issues that could be of interest to the process. What to do, then, with that private knowledge (which can, for example, be obtained
through the internet) is one of the questions that are analyzed in this paper. Adequate training will be key to not being surprised and understanding the particularities and limitations of that information or extra-legal knowledge, as well as to make better use of the expert evidence.
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