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The Admissibility Of Expert Testimony In North Carolina After Howerton: Reconciling The Ruling With The Rules Of Evidence, William A. Woodruff
The Admissibility Of Expert Testimony In North Carolina After Howerton: Reconciling The Ruling With The Rules Of Evidence, William A. Woodruff
Campbell Law Review
Part II of this paper briefly describes the federal rule in order to appreciate the context of the North Carolina approach to expert testimony. Part III traces the development of North Carolina's expert testimony law from the common law to codification in the rules of evidence through the decision in Howerton and reveals that the North Carolina test for reliability is, essentially, an evaluation of the credibility of the testifying expert. Part IV argues that Howerton's adoption of a less stringent and credibility-based substantive test for reliability but retention of the Daubert procedural "gatekeeping" role of the judge in determining …
Rule 9(J) - Is Requiring A Plaintiff In A Medical Malpractice Action To Certify His Or Her Claim Before Filing Unconstitutional? - The Issue In Anderson V. Assimos, Levonda Wood
Campbell Law Review
This note will examine the North Carolina Court of Appeals' decision in Anderson v. Assimos. Part II of the note presents the factual background, the issue raised, and the holding in the Anderson decision. Part III analyzes the decision and discusses why the court's holding is correct. This note concludes that the North Carolina Supreme Court should hold that Rule 9(j) unconstitutionally infringes upon rights guaranteed by both the federal and state constitutions if asked to addresses the issue in the future.
Expert Testimony Regarding The Speed Of A Vehicle: The Status Of North Carolina Law And The State Of The Art, Lawrence F. Mazer, Charles R. Manning, Richard T. Edwards, Michael A. Sutton
Expert Testimony Regarding The Speed Of A Vehicle: The Status Of North Carolina Law And The State Of The Art, Lawrence F. Mazer, Charles R. Manning, Richard T. Edwards, Michael A. Sutton
Campbell Law Review
No abstract provided.