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Introduction:
This article sets out some of the background some and examples of prosecutions and litigation against UK schools.
Whilst Scottish Law and its' Legal System differs from that in England and Wales the writ of the enforcing and regulating body the Health and Safety Executive(HSE) runs across the border and matters are decided in the Criminal Courts.
Litigation takes place in the Civil Courts and, in the case of Health and Safety usually revolves around aspects of the LEA. Owner, school and teachers' duty of care to children. Almost all of these cases are civil actions taken by parents on behalf
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Courtroom FEA: But my expert has hand calculations
Hand calculations are good.
It is very important that design engineers do hand calculations.
It is very important that engineering expert witnesses do hand
calculations.
For everything but the simplest of part geometries, hand
calculations of stress are generally rough estimates. Often they
are only in the ballpark of the true maximum stress levels.
Sometimes they are only in the ballpark of the average stress
levels, and miss the highest stresses entirely.
In the span of 50 years, finite element analysis has gone from
esoteric research topic to widely available, widely applied
mature technology. In the 1980's, FEA required extremely
expensive mainframe computers, very expensive FEA codes and
highly trained analysts, and was still implemented at many large
corporations. In the 1990's, Unix workstations provided
distributed FEA processing and FEA packages went mainstream,
lowering entry costs. A seat of hardware and software still cost
many tens of thousands of dollars, and highly trained analysts
were still required, and still FEA spread to thousands of
companies. In the 2000's, lower priced FEA packages run well on
medium to high-end personal computers, and FEA usage continues
to grow. Highly trained analysts are still needed to
consistently obtain accurate results, a fact unfortunately
ignored by too many in the industry.
Why does FEA usage continue to grow when all of these companies
already have hand calculations? Because, when applied correctly,
FEA works. It delivers accurate stress estimates for parts with
geometry too complicated for hand calculations alone, which
describes most of today's parts. Accuracy means that localized
stress concentrations can be removed. Accuracy means one less
uncertainty, meaning that a lower factor of safety can be
considered--resulting in lower weight, lower cost parts that are
still stronger and have longer life cycles. Accuracy means that
an expert witness can pinpoint areas of concern, and can often
nail down the why's and how's of a part failure. As discussed in
previous issues of Courtroom FEA, this will often point the
finger at the responsible party, be it designer, manufacturer or
end user. Accuracy can mean reduced lab testing by concentrating
the investigation on the suspect areas. Accuracy means
credibility.
FEA has internal checks that a good analyst needs to apply to
verify the results. Hand calculations provide a rough estimate
of the results, and the hand calculations and FEA had better
match within their accuracies. If not, something is wrong with
one or both of them, and the analyst had better correct that.
Once they do match, hand calculations are an external check of
the detailed FEA results. Hand calculations are good.
But they aren't good enough in a high stakes courtroom battle.
About the author:
Steve Roensch is an expert witness and mechanical engineer with
more than 20 years of professional experience. He has analyzed
hundreds of product designs and has served as an expert witness
across many industries, including giving depositions and court
testimony. Learn more about mechanical
engineer expert witness services at www.FiniteElement.com
Sometimes people do stupid things, but someone who disobeys a court order is one of the craziest things one can do. In divorce court and family custody matters sometimes lawyers try to convince the judge that because of all the pressure of a divorce his client has acted in an unrational way, unfortunately judges rarely fell compassion when their orders are disregarded.
Divorce attorneys and their clients often use the same tall tales to ignoring court orders. One excuse is the other party also did it or the court's order was based on inaccurate information. These excuses rarely work.
One of the
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Steve Roensch
San Luis Obispo County California court records
If you are issued a ticket for speeding, it is important to take a few note at the time so that you can remember the details better. However going back to the place where you were issued your ticket has several valuable purposes. Often when you are given a ticket your are a little flustered or angry, so going back can help you remember some extra details that you forgot to write down on the day that the ticket was issued. It will also give you a chance to look at the
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A court order that seizes assets from the defendant to pay off a
debt is known as Garnishment. One form of garnishment is
automatic withholding of the debtor's wages. When a creditor
fails to satisfy the debt taken, the court can issue a
garnishment against him. When the creditor petitions the court
to send a portion of its pay to satisfy the debt then this step
is taken.
The garnishment law differs from state to state and varies in
details also. Generally, the TVA is required to take over 25% of
an employee's disposable earnings or assets, thereafter sending
that amount to court. The pay of an employee can
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