Changes

Jump to navigation Jump to search

Expert witness (view source)

Revision as of 00:10, November 17, 2020

914 bytes added ,  00:10, November 17, 2020
expanded
Line 1: Line 1:  
An '''expert witness''' is a special kind of [[witness]] in [[court]] who, due to their training and experience, is able to provide their opinion to the court on the implications of [[evidence]] before the court.   
 
An '''expert witness''' is a special kind of [[witness]] in [[court]] who, due to their training and experience, is able to provide their opinion to the court on the implications of [[evidence]] before the court.   
    +
''Daubert'''s general holding -- setting forth the trial judge's general "gatekeeping" obligation -- applies not only to testimony based on "scientific" knowledge, but also to testimony based on "technical" and "other specialized" knowledge. See Fed. Rule Evid. 702.
 +
 +
As the [[U.S. Supreme Court]] held:
 +
{{cquote|[A] trial court may consider one or more of the more specific factors that ''Daubert'' mentioned when doing so will help determine that testimony's reliability. But, as the Court stated in ''Daubert'', the test of reliability is "flexible," and ''Daubert'''s list of specific factors neither necessarily nor exclusively applies to all experts or in every case. Rather, the law grants a district court the same broad latitude when it decides how to determine reliability as it enjoys in respect to its ultimate reliability determination.
 +
''Kumho Tire Co. v. Carmichael'', 526 U.S. 137, 141-42 (1999).
 
[[Category:Legal Terms]]
 
[[Category:Legal Terms]]
Aschlafly
Anthony, Irenaeus, Siteadmin, apieditor, Bureaucrats, Check users, nsAm_Govt_101RO, nsAm_Govt_101RW, nsAm_Govt_101_ta, nsJudgesRO, nsJudgesRW, nsJudges_talkRO, nsJudges_talkRW, nsTeam2RO, nsTeam2RW, nsTeam2_talkRO, nsTeam2_talkRW, oversight, Administrators
126,364

edits

Retrieved from "https://www.conservapedia.com/Special:MobileDiff/1705390"

Navigation menu