testimonial considerations

Question 1

competency

Answer 1

F & CA - witness tesitfy based on perosnal knoweldge, ability to communicate, take an oath and claim to recall what perceived

*CA - W must also understand legal duty to tell truth

Question 2

grounds to DQ witness

Answer 2

CA - hyponosis

Question 3

expert opinion

Answer 3

F& CA -

1. helpful
2. W must be qualified
   #. W must believ ein opinion to reasonable degree of certainty
3. opinion must be supported by poper factual basis
4. opiion must be base don reliable principles reliably applied to facts

Question 4

kumho/duabet

Answer 4

reliability determine by 4 factors

1. publication and peer review
2. error rate
3. results are tested and ability to retest
4. reaosnable level of acceptance

Question 5

CA Kellye/Frye

Answer 5

reliability of scientific opinoins determined by ONE FACTOR - the opioin must be based on principles generally accepted by experts in the field.

*inapplicable to non-scientific opinonis and medical opinions

this is tougher to win than Duabert

Question 6

learned treatise hearsay

Answer 6

F - admissible to prove antyhing if treatise is accepted

CA - only admissible to show matters of general notoriety or inteest, SUPER NARROW