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Concerns about expert testimony cannot be simply referred to the jury as a question of weight. Furthermore, the admissibility of expert testimony is governed by Rule 104(a), not Rule 104(b); thus, the judge must find it more likely than not that the expert's methods are reliable and reliably applied to the facts at hand.
In United States law, the Frye standard, Frye test, or general acceptance test is a judicial test used in some U.S. state courts to determine the admissibility of scientific evidence. It provides that expert opinion based on a scientific technique is admissible only when the technique is generally accepted as reliable in the relevant scientific ...
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), is a United States Supreme Court case determining the standard for admitting expert testimony in federal courts. In Daubert , the Court held that the enactment of the Federal Rules of Evidence implicitly overturned the Frye standard ; the standard that the Court articulated is referred to ...
The codified use of expert witnesses and the admissibility of their testimony and scientific evidence has developed significantly in the Western court system over the last 250 years. The concept of allowing an expert witness to testify in a court setting and provide opinionated evidence on the facts of other witnesses was first introduced by ...
Under Daubert, certain factors contribute to the reliability, and hence the admissibility, of expert testimony, one of which is the general validity of the expert's methods. The district court found the tire expert's methods not to be scientifically valid, and hence excluded his testimony. This resulted in a conclusion that Kumho Tire would ...
Construction disputes require lawyers to deal with complex, highly technical architectural, engineering and construction issues, making expert testimony crucial to prove or defend claims arising ...
An expert witness is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally rely upon the witness's specialized (scientific, technical or other) opinion about an evidence or fact issue within the scope of his ...
For evidence to be admissible enough to be admitted, the party proffering the evidence must be able to show that the source of the evidence makes it so. If evidence is in the form of witness testimony, the party that introduces the evidence must lay the groundwork for the witness's credibility and knowledge.