Expert Testimony

What’s the expert’s role FOC Proffered Evidence Evidentiary Hypothesis P thumb numb Thumb numbness makes it SML that spine was injured P spine injured What’s the expert’s role? Expert testifies to the EH

Frye Test What is the relevant scientific community. Has that community generally accepted this technique as reliable General Acceptance v. Substantial Acceptance

Daubert Approach Do I (Judge) think this technique is reliable Do I think it should be barred under FRE 403.

What are the Daubert Factors 1.Testability 2.Publication & Peer Review 3.Error Rate 4.Protocols for Use 5.Acceptance in Scientific Community What does Kumho tell us about these factors?

Ellen Expert & the Roulette Wheel

Deciding if Ellen Is an Expert

Do Problem 46

Qualify Willie As an Expert

Have Willie Explain His Methodology

Run Willie’s Methodology Through Daubert Factors 1.Testability 2.Publication & Peer Review 3.Error Rate 4.Protocols for Use 5.Acceptance in Scientific Community

When Is Expert Testimony Permitted?

Helpful v. Outside Lay Knowledge FOC Proffered Evidence Evidentiary Hypothesis D called P a N__ ER’s who use racial epithets are SML to fire because of race. ER fired because of race Is this outside a lay jury’s knowledge? Would expert’s testimony on issue help the jury?

What’s the expert’s role FOC Proffered Evidence Evidentiary Hypothesis P thumb numb Thumb numbness makes it SML that spine was injured P spine injured Is this outside a lay jury’s knowledge? Would expert’s testimony on issue help the jury? Helpful v. Outside Lay Knowledge

When Is Expert Testimony Required (for P to Make a Submissible Case)? When reasonable jurors could not decide whether to draw the inference without expert assistance?

Thumb numbness makes it SML that spine was injured ER’s who use racial epithets are SML to fire because of race. Are Either of These Required?

On What Facts Can an Expert Base an Opinion? Common LawFRE Facts supported by evidence admitted at trial Facts of a sort generally relied on by experts in the field. No

How Is Basis Disclosed to Jury? Common LawFRE Listed in Hypothetical Question Expert Testifies to Basis Facts Based on Personal Knowledge Expert testifies to conclusion, and basis is disclosed (if at all) by later questions or on cross. No

Do Problem 47

Do Problem 48

Do Problem 49