Monnday 10/21 Flashcards
1
Q
What factors does a judge need to determine about the expert witness?
A
- is the expert relevant/ needed
- is this the right expert
- is the methodology sound
- more prejudicial than probative?
2
Q
What happens if a motion is filed
A
- is it a daubert issue?
- is this expert testimony?
3
Q
What is rule 702?
A
4
Q
What’s the rule change in rule 702?
A
the expert’s opinion reflects a reliable application of the principals and methods to the facts of the case
5
Q
The daubert triology
A
- daubert
- joiner
- Tire
6
Q
Who has the burden in daubert
A
burden is on the proponent to meet the standard
7
Q
A
