Term
| What is a consulting expert? |
|
Definition
| Someone who has been retained or specifically employed to assist in the preparation of litigation. |
|
|
Term
| What is a testimonial expert? |
|
Definition
| Someone retained for purposes of testifying at trial? |
|
|
Term
| How can a physician be qualified? |
|
Definition
| Based on education and licensing? |
|
|
Term
| How can a chemist be qualified? |
|
Definition
|
|
Term
| How can an automobile mechanic be qualified? |
|
Definition
|
|
Term
| When is a licensed physician qualified to testify? |
|
Definition
| In most situations, any licensed physician is qualified to testify with regard to a medical condition, even though he or she is not a specialist in the pertinent field. |
|
|
Term
| Who answers questions of admissibility evidence? |
|
Definition
|
|
Term
| What is relevant evidence? |
|
Definition
It is relevant if it has a tendency to make a fact more or less probable than it would be without the evidence and
the fact is of consequence of determing the action
Rule 401 |
|
|
Term
| What type of relevant evidence is admissible? |
|
Definition
Relevance is admissible unless provided otherwise by United States constitution; federal statute; in the FRE or prescribed by the Supreme Court
Rule 402 |
|
|
Term
| When can relevant evidence be excluded? |
|
Definition
The court may exclude relevant evidence if it is probative value is substantially outweighed b a danger of one or more of the following; unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
FRE 403 |
|
|
Term
| When is a witness considered to be competent? |
|
Definition
Every witness is considered to be a competent witness, this presumption may be rebutted?
FRE 601 |
|
|
Term
| When can a witness testify as to matters which he does not have personal knowledge? |
|
Definition
A non-expert witness must have personal knowledge. An expert witness may testify as to matters about which he or she does not have personal knowledge.
FRE 602 |
|
|
Term
| What type of testimony may lay witnesses give? |
|
Definition
Lay witnesses may give an opnion based upon personal perceptions.
FRE 701 |
|
|
Term
| A person can qualify as an expert based on what? |
|
Definition
Knowledge, skill, experience, training or education
FRE 702 |
|
|
Term
| What kind of witness can give an opinion based on the perception of others made known to the expert? |
|
Definition
Experts may give an opinion based on the perceptions of others made known to the expert
FRE 703 |
|
|
Term
| Can an expert testify to ultimate issues? |
|
Definition
|
|
Term
| Pursuant to the general acceptance test, what responsibility does the trial judge have? |
|
Definition
| The trial judge has the responsibility of determing whether the scientific evidence at issue has gained sufficient recognition in the scientific community to justify admitting the evidence. This standard requires judges to differentiate among scientific principles that have attained sufficient recognition and scientific principles that had not achieved this status. |
|
|
Term
| What is the "general acceptance" test? |
|
Definition
identify the field in which the underlying principle falls, and
determine whether the proffered evidence is generally accepted in this field. |
|
|
Term
| What was the ruling in Harper v. State |
|
Definition
| The court held that it proper for the trial judge to decide whether the procedure or technique in question has reached a scientific stage of verifiable certainty, or in words of Professor Irving younger, rests upon the laws of nature. |
|
|
Term
|
Definition
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if
1. the testimony is based upon sufficient facts or data
2. the testimony is the product of reliable principles and methods, and
3. The witness has applied the principles and methods reliably to the facts of the case |
|
|
Term
| The four factors the Daubert court used to determine if scientific evidence is valid and admissible |
|
Definition
Testing
Acceptability in the relevant scientific community
peer review
error rate |
|
|
Term
| In General Electric Co. v. Joiner what standard of review did the Supreme Court reaffirm? |
|
Definition
| The Supreme Court reversed the Eleventh Circuit Court and reaffirmed the Abuse of Discretion Standard of review for scientific evidence. |
|
|
Term
| According to the Court in Kumho Tire, what fields does Rule 702 afford to? |
|
Definition
| It makes no distinguishment between scientific knowledge and technical or other specialized knowledge. But makes clear that any knowledge might become the subject of expert testimony. |
|
|
