Evidence-Wellborn SU2006 Outline

If of a type reasonably relied upon by experts in the

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: . Judgment vacated and case remanded Trial judges have the responsibility to act as gatekeepers and to admit a scientific opinion only if shown to be reliable. Once a court determines that the evidence is reliable, it must then satisfy itself that the evidence will assist the jury: Daubert standard evidence will assist the jury if it is "sufficiently tied to the facts of the case." Even if the court determines that the demands of Rule 702 have been satisfied, Rule 403 may still provide grounds for exclusion! Court must keep in mind that expert testimony possesses great potential for misleading/unduly influencing the jury. What became important about Daubert was not whether general acceptance was an invariable requirement, but this gatekeeper stuff. The judge as the gatekeeper. The breadth of the gatekeeper role: Not limited to novice, not limited to science....any side who brings in expert testimony can trigger a Daubert hearing (Robertson hearing in Texas Robertson is Texas' Daubert). Daubert becomes majority but is not accepted universally (Arizona does not embrace the Daubert approach). The way Daubert works in the world: Overall not a good development for plaintiff (Because it is very expansive, allows for gatekeeping role of judge when it comes to all types of expert ev...
View Full Document

This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

Ask a homework question - tutors are online