Search results
Results from the WOW.Com Content Network
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 ...
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.
In Daubert, the court ruled that nothing in the Federal Rules of Evidence governing expert evidence "gives any indication that 'general acceptance' is a necessary precondition to the admissibility of scientific evidence. Moreover, such a rigid standard would be at odds with the Rules' liberal thrust and their general approach of relaxing the ...
Evidence governs the use of testimony (e.g., oral or written statements, such as an affidavit), exhibits (e.g., physical objects), documentary material, or demonstrative evidence, which are admissible (i.e., allowed to be considered by the trier of fact, such as jury) in a judicial or administrative proceeding (e.g., a court of law).
Therefore, evidence is either relevant or it is not and if the evidence is not relevant then no further question arises about its admissibility. [28] However, logical relevance isn't sufficient to establish the potential admissibility of the evidence and is still possible for the evidence to be inadmissible.
Under the common law, such evidence was at one time considered hearsay - a statement made out of court being introduced to prove the truth of the statement - and was not admissible except to rebut the testimony of an opposing expert witness. There were four ways to introduce such evidence: [citation needed]
The Federal Rules of Evidence govern the admission of scientific evidence in a trial held in federal court. They require the trial judge to act as a gatekeeper before admitting the evidence, determining that the evidence is scientifically valid and relevant to the case at hand. Court membership; Chief Justice William Rehnquist Associate Justices
The Act moves some of the focus of hearsay evidence to weight, rather than admissibility, setting out considerations in assessing the evidence (set out in summary form): [16] Reasonableness of the party calling the evidence to have produced the original maker; Whether the original statement was made at or near the same time as the evidence it ...