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Full-Text Articles in Evidence
The Truthsayer And The Court: Expert Testimony On Credibility, Michael W. Mullane
The Truthsayer And The Court: Expert Testimony On Credibility, Michael W. Mullane
Maine Law Review
The purpose of this Article is to analyze the admissibility of expert testimony on credibility. State v. Woodburn serves as a lens to focus on the broader issues. The primary issue is an examination of expert testimony on credibility in light of the Federal Rules of Evidence and their progeny. The Rules of Evidence mandate admission or exclusion of expert testimony based on certain criteria. How are these criteria applied to expert testimony on credibility? How should they be applied? The surprising survivability of other criteria discarded by the Rules is also considered.
Life After Daubert V. Merrell Dow: Maine As A Case Law Laboratory For Evidence Rule 702 Without Frye, Leigh Stephens Mccarthy
Life After Daubert V. Merrell Dow: Maine As A Case Law Laboratory For Evidence Rule 702 Without Frye, Leigh Stephens Mccarthy
Maine Law Review
In reaching its recent decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., the United States Supreme Court grappled not with case law but with fundamental questions about the nature of science and its role in law. The court in Daubert addressed the problematic issue of admissibility of expert scientific testimony. In the end the Court rejected as an exclusionary rule the venerable standard set in 1923 by Frye v. United States. Frye held that scientific testimony was to be excluded unless it had gained “general acceptance” in its field. Daubert held that Rule 702 of the Federal Rules of Evidence …
Logic, Not Evidence, Supports A Change In Expert Testimony Standards: Why Evidentiary Standards Promulgated By The Supreme Court For Scientific Expert Testimony Are Inappropriate And Inefficient When Applied In Patent Infringement Suits, Claire R. Rollor
Journal of Business & Technology Law
No abstract provided.
Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis
Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis
Pepperdine Law Review
No abstract provided.
An Evidentiary Paradox: Defending The Character Evidence Prohibition By Upholding A Non-Character Theory Of Logical Relevance, The Doctrine Of Chances, Edward J. Imwinkelried
An Evidentiary Paradox: Defending The Character Evidence Prohibition By Upholding A Non-Character Theory Of Logical Relevance, The Doctrine Of Chances, Edward J. Imwinkelried
University of Richmond Law Review
No abstract provided.
Direct Examination: Some Evidentiary And Practical Considerations, W. Dent Gitchel
Direct Examination: Some Evidentiary And Practical Considerations, W. Dent Gitchel
University of Arkansas at Little Rock Law Review
No abstract provided.
A Practitioner's Guide To The Management And Use Of Expert Witnesses In Washington Civil Litigation, Thomas V. Harris
A Practitioner's Guide To The Management And Use Of Expert Witnesses In Washington Civil Litigation, Thomas V. Harris
Seattle University Law Review
The Washington litigation process places a premium on the skillful management of expert witnesses. Testimony presented by such witnesses is both readily admissible and virtually unlimited in scope. Washington's adoption of the new Rules of Evidence can only serve to reinforce the current practice. Since most litigated cases involve substantial factual disputes, the development and presentation of expert testimony should be a major concern of all trial attorneys. The importance of trial examination has never been underrated. That part of the litigation process is one that all attorneys relish. The skillful management of expert witnesses, however, involves far more than …