Opinion Evidence Essay Ireland Flashcards
(15 cards)
What is the general rule regarding witness testimony in evidence law?
Witnesses may only testify to facts they directly observed, not to opinions or inferences.
What is the rationale behind allowing expert opinion evidence?
Experts can provide inferences on technical matters beyond the understanding of the tribunal of fact.
What case defines the role of expert witnesses in providing criteria for judgment?
Davie v Edinburgh Magistrates (1953) SC 34.
What case confirms that experts must provide reasoning, not just conclusions?
Condron v ACC Bank Plc [2012] IEHC 395.
Is there a fixed list of fields in which expert evidence can be given?
No, any field requiring specialised knowledge may qualify.
What rule historically prevented experts from opining on key legal issues?
The Ultimate Issue Rule.
Which case highlighted the erosion of the Ultimate Issue Rule?
Karen Millen Fashions Ltd v Dunnes Stores [2014] IESC 23.
Can courts reject expert opinion in favour of lay testimony?
Yes, as seen in People (AG) v Fennell [1940] IR 445.
What case warns against overreliance on technical evidence like DNA?
People (DPP) v Allen [2003] 4 IR 295.
What determines expert status according to Galvin v Murray?
Qualifications or experience giving added authority to opinions.
What duties do experts owe to the court?
To provide independent, objective, and unbiased analysis.
Which case outlines best practices for expert conduct?
The Ikarian Reefer [1993] 2 Lloyd’s Rep 68.
What Act governs the use of expert evidence in criminal trials?
Criminal Procedure Act 2010, section 34.
What procedural rules apply to expert evidence in civil trials?
S.I. 254 & 255/2016 amending the Rules of the Superior Courts.
How must foreign law be proved in Irish courts?
By expert evidence, as a matter of fact, per O’Callaghan v O’Sullivan [1925] 1 IR 90.
