Evidence-Wellborn SU2006 Outline

This device is logically necessary if you have an

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Unformatted text preview: e same level of intellectual rigor that characterizes the practice of an expert in the relevant field." KEY: Kumho emphasizes that a finding that an expert employed a methodology that is generally accepted in the particular field may not be sufficient to justify admission of the expert's conclusion. Court must further inquire into the reasonableness of using that methodology to reach the particular conclusion in the case! Kumho Tire shows the seat change turn about by daubert...before daubert this guy gets in front of the jury, what he is saying is coherent, he's qualified, what he's saying is coherent and not illogical Wellborn thinks this case would have gotten to a jury before Daubert.. Most courts especially state courts, before Daubert would say: "Argue it to the jury..." Credibility goes to weight not admissibility. Forms and Bases of Expert Testimony [FRE 703, 705] FRE 703: Bases of Opinion Testimony by Expert The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to t...
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