Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
An Opinion: Federal Judges Misconstrue Rule 704 (Or Is That An Impermissible Legal Conclusion), Kathy Jo Cook
An Opinion: Federal Judges Misconstrue Rule 704 (Or Is That An Impermissible Legal Conclusion), Kathy Jo Cook
Cleveland State Law Review
This article addresses the need to formulate a uniform and predictable approach to the admissibility of expert opinion testimony which relates the law to the facts. First, it briefly discusses the history of expert opinion testimony. Second, it discusses, through a case analysis, the difficult, if not impossible task that courts have assumed in attempting to differentiate between two types of expert opinions: (1) those which are, by their nature, factual; and (2) those which require some level of legal analysis-directly relating the law to the facts of the case. Finally, this article suggests an alternative approach which is arguably …
The Federal Rules Of Evidence And The Quality Of Practice In Federal Courts, Stephen A. Saltzburg
The Federal Rules Of Evidence And The Quality Of Practice In Federal Courts, Stephen A. Saltzburg
Cleveland State Law Review
One point that I shall endeavor to make today is that the Federal Rules of Evidence offer an opportunity for dramatic improvement in federal trial court practice. In the hands of the most experienced practitioner or the novice litigator just weaned from law school, the evidence rules offer a promise of even-handed justice that has heretofore been unavailable. Used properly, the Federal Rules of Evidence hold out a promise that trials might be less costly to litigants in terms of out-of-pocket expenditures, that the societal costs associated with erroneous decisions by trial judges might be reduced, and that federal litigants' …