Laws Etc

Question 1

Dalvert versus Merrill

Guidelines for Judge

Answer 1

➡️ technology well tested
➡️subject to peer review and publication ( documented In public domain)
➡️ rate of error listed
➡️set of standards
➡️widespread acceptance of test in scientific community

Question 2

Alternate to Frye

Answer 2

Federal rules of evidence- used because not everyone understood language and concept of Frye

Question 3

Rule 702 (alternate to Frye)

Answer 3

➡️expert testing - must have specific facts and data
➡️reliable principles and methods
➡️witness who has applied these principles/methods in the past

Question 4

Dalvert vs. Merrill Dow

1993

Answer 4

Trial judge seems ultimate responsibility as gatekeeper to admissibility and reliability of scientific evidence.

Question 5

Kumho tire vs. carmichael

Answer 5

Gatekeeper role of trial judge applied to expert testimony as well as scientific evidence ( broaden power of judge )

Question 6

Provisions of expert testimony (what is judge looking for in expert)

Answer 6

➡️particular skill on knowledge in the trade and she/he can help determine the truth ( will they be beneficial to the case?)

Weight applied to “expert” different for judge and for jury

Witnesses demeanor critical (pick someone who has testified before)

Witness should not be an advocate for either party - more interest in showing evidence etc

Question 7

What does court consider when choosing expert testimony

Answer 7

➡️experience
➡️education
➡️training
➡️combo of a, b, c