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Expert Testimony

Expert Testimony. Expert testifies to the EH. What’s the expert’s role. Evidentiary Hypothesis. Thumb numbness makes it SML that spine was injured. What’s the expert’s role?. FOC. P thumb numb. P spine injured. Proffered Evidence. What is the relevant scientific community.

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Expert Testimony

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  1. Expert Testimony

  2. Expert testifies to the EH What’s the expert’s role Evidentiary Hypothesis Thumb numbness makes it SML that spine was injured What’s the expert’s role? FOC P thumb numb P spine injured Proffered Evidence

  3. What is the relevant scientific community. • Has that community generally accepted this technique as reliable Frye Test General Acceptance v. Substantial Acceptance

  4. Do I (Judge) think this technique is reliable • Do I think it should be barred under FRE 403. Daubert Approach

  5. What are the Daubert Factors • Testability • Publication & Peer Review • Error Rate • Protocols for Use • Acceptance in Scientific Community What does Kumho tell us about these factors?

  6. Ellen Expert & the Roulette Wheel

  7. Deciding if Ellen Is an Expert

  8. Do Problem 46

  9. Qualify Willie As an Expert

  10. Have Willie Explain His Methodology

  11. Run Willie’s Methodology Through Daubert Factors • Testability • Publication & Peer Review • Error Rate • Protocols for Use • Acceptance in Scientific Community

  12. When Is Expert Testimony Permitted?

  13. Is this outside a lay jury’s knowledge? Helpful v. Outside Lay Knowledge Would expert’s testimony on issue help the jury? Evidentiary Hypothesis ER’s who use racial epithets are SML to fire because of race. FOC D called P a N__ ER fired because of race Proffered Evidence

  14. Is this outside a lay jury’s knowledge? What’s the expert’s role Would expert’s testimony on issue help the jury? Evidentiary Hypothesis Thumb numbness makes it SML that spine was injured FOC P thumb numb P spine injured Proffered Evidence Helpful v. Outside Lay Knowledge

  15. When Is Expert Testimony Required (for P to Make a Submissible Case)? When reasonable jurors could not decide whether to draw the inference without expert assistance?

  16. Are Either of These Required? Thumb numbness makes it SML that spine was injured ER’s who use racial epithets are SML to fire because of race.

  17. On What Facts Can an Expert Base an Opinion? Common Law FRE Facts supported by evidence admitted at trial Facts of a sort generally relied on by experts in the field. No

  18. How Is Basis Disclosed to Jury? Common Law FRE Listed in Hypothetical Question Expert Testifies to Basis Facts Based on Personal Knowledge Expert testifies to conclusion, and basis is disclosed (if at all) by later questions or on cross. No

  19. Do Problem 47

  20. Do Problem 48

  21. Do Problem 49

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