Evidence-Wellborn SU2006 Outline

702 and 403 come in here undue influence of expert

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Unformatted text preview: based upon sufficient facts or data, The testimony is the product of reliable principles and methods, AND The witness has applied the principles and methods reliably to the facts of the case. Note: Texas does not codify Daubert, exists in case law no reason to proscribe in statute that the testimony be the product of reliable principles and methods etc. Note: A trial court's decision to admit or exclude expert testimony will not be reversed unless the court abused its discretion! Qualifications of an expert: Burden of establishing a witness' qualification as an expert lies with his proponent; should be done before the witness begins to relate the substance of his testimony. Opposing counsel should be given an opportunity to conduct a voir dire examination to test the qualifications of the tendered expert. Qualifications for expert testimony: Amenability So if the major premise is, a man who has symptoms a,b,c,d is afflicted with disease X and the prognosis for X is YZ, that's knowledge that the expert physician would possess but the lay person would not. First inquiry under 702: Does there exist a body of useful specialized knowledge with respect to the fact in issue? Qualificatio...
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