Add to ORKGProbability for expert opinions is the correct standard for civil cases based on the preponderance of the evidence burden of proof. Among other effects, the probability requirement reduces jury speculation, avoids absurdity, appropriately adopts legal relevance as the standard for admission, and avoids negative effects on the out-of-courtroom practices of professionals. Expert opinions explaining possibilities, while inappropriate for civil case consideration, have Rule 702 relevance and are useful in criminal cases based upon the beyond a reasonable doubt burden of proof. Based on an evaluation of federal and state cases, Rule 702, and the purposes of expert testimony, the Ohio example of split relevancy standards for expert opinions offer...
In the United States, Federal Rules of Evidence 702, the Frye and Daubert standards govern the admis...
This article addresses the need to formulate a uniform and predictable approach to the admissibility...
The last few decades have seen a dramatic shift in the admissibility of expert testimony in American...
The 2000 amendments to Rule 702 sought to resolve the debate that had emerged in the courts in the 1...
A recent report of the President’s Council of Advisors on Science and Technology questioned the vali...
This Article argues that the Supreme Court\u27s decisions in Daubert and Joiner imply an approach to...
Federal Rule of Evidence 702, which covers testimony by expert witnesses, allows a witness to testif...
This Article highlights lingering confusion in the caselaw as to the proper standard for the trial c...
With regard to criminal cases, the focus of this Article, judges face significant challenges in ruli...
In response to PCAST’s recommendation, the Standing Advisory Committee on Evidence Rules convened a ...
This article specifically examines the reliability standard imposed under Rule 702 of the Ohio Rules...
In this essay, I will offer some thoughts on how we might reframe the issues governing the admissibi...
The U.S. Supreme Court’s ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc., and subsequent revi...
The controversy over the proper standard for the admissibility of scientific evidence is an argument...
This Article was prepared as a companion to the Fordham Law Review Reed Symposium on Forensic Expert...
In the United States, Federal Rules of Evidence 702, the Frye and Daubert standards govern the admis...
This article addresses the need to formulate a uniform and predictable approach to the admissibility...
The last few decades have seen a dramatic shift in the admissibility of expert testimony in American...
The 2000 amendments to Rule 702 sought to resolve the debate that had emerged in the courts in the 1...
A recent report of the President’s Council of Advisors on Science and Technology questioned the vali...
This Article argues that the Supreme Court\u27s decisions in Daubert and Joiner imply an approach to...
Federal Rule of Evidence 702, which covers testimony by expert witnesses, allows a witness to testif...
This Article highlights lingering confusion in the caselaw as to the proper standard for the trial c...
With regard to criminal cases, the focus of this Article, judges face significant challenges in ruli...
In response to PCAST’s recommendation, the Standing Advisory Committee on Evidence Rules convened a ...
This article specifically examines the reliability standard imposed under Rule 702 of the Ohio Rules...
In this essay, I will offer some thoughts on how we might reframe the issues governing the admissibi...
The U.S. Supreme Court’s ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc., and subsequent revi...
The controversy over the proper standard for the admissibility of scientific evidence is an argument...
This Article was prepared as a companion to the Fordham Law Review Reed Symposium on Forensic Expert...
In the United States, Federal Rules of Evidence 702, the Frye and Daubert standards govern the admis...
This article addresses the need to formulate a uniform and predictable approach to the admissibility...
The last few decades have seen a dramatic shift in the admissibility of expert testimony in American...