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Evidence

1997

Admissibility tests for nonscientific expert evidence

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Full-Text Articles in Law

The Proper Test For Assessing The Admissibility Of Nonscientific Expert Evidence Under Federal Rule Of Evidence 702, 1997 John M. Manos Writing Competition On Evidence , Peter B. Oh Jan 1997

The Proper Test For Assessing The Admissibility Of Nonscientific Expert Evidence Under Federal Rule Of Evidence 702, 1997 John M. Manos Writing Competition On Evidence , Peter B. Oh

Cleveland State Law Review

Courts have fashioned various common law standards to determine the admissibility of nonscientific expert evidence. This Article examines these different standards to evince the need for harmony. Part I of this article examines the admissibility tests for nonscientific expert evidence administered by federal courts before Federal Rule of Evidence 702. The first such test appears in Frye v. United States, which establishes only expert knowledge based on a method or principle that has gained sufficient "general acceptance" can be admitted. Part I concludes by discussing the problems that plague these different applied tests and beckon for a single standard. Part …