Rules Flashcards
(36 cards)
What is the rule for lay opinion testimony
FRE 701 - Lay witnesses can testify to opinion if:
1) It is helpful to understand testimony or a fact in issue
2) rationally based on W’s perception
3) Not expert
What is the rule to determine when an expert is qualified?
FRE 702 - Must have specialized knowledge, skill, experience, education, or training.
Cases to determine if expert is qualified?
Ralston (not qualified) - Doctor had not experience with “multi-hole” nail in plaint.’s failure to warn case
McCullough (Qualified) - Doctor with 20 years ENT experience was qualified to opine that glue fumes caused plaint.’s ailment; second expert was qualified to opine on the reach of the fumes because experience working with fumes in industrial spaces.
What is the key question when determining qualifications of expert?
Whether knowledge, skill, training, and experience are tied to the plaintiff’s claim.
What is the federal rule to determine if an expert’s opinion is reliable?
FRE 702 - The testimony is relevant and based on reliable principles and methods
Daubert - 5 factors to determine if methods are reliable:
1) Can and has been tested
2) Peer review/publication
3) Known rate of error
4) Standards for controlling operations
5) general acceptance (Frye)
Who has the burden to establish reliability of evidence
The proponent of the evidence
When is the basis for the opinion proper?
Ask 1) is the basis for the opinion admissible evidence?
IF yes –> opinion is in and the underlying facts/data
IF no –>
Ask 2) Is the basis something reasonably relied on in the field?
IF yes –> opinion in and facts are in only if the probative value SUBSTANTIALLY outweighs prejudice (Reverse 403)
IF no –> Opinion out
What is the case analyzing proper basis?
Ferrara - Boat fire: Court held reasonable to rely on other experts evidence because they worked together/objective reports.
What is the rule on ultimate issue?
FRE 704 - Not automatically objectionable if the opinion touches expert opinion.
Exceptions: 1) Conclusions about mens rea in element of criminal case; 2) conclusory opinions on ultijmate issue without explanation (Noel).
What is the disclosure rule for inculpatory criminal evidence?
FRCP 16 - Prosecution must disclose when def. requests
1) Oral statements
2) written statements
3) record
4) material documents
5) examinations/scientific tests
6) expert reports
What are common problems with statistics?
a) unrepresentative sample (Domino’s - should survey young people- not moms)
b) statistical significance only shows reduction in chance doesn’t prove alternatives (Indiana Bell)
c) One tailed instead of two tailed (Palmer)
d) correlation doesn’t = causation (Hammer v. Atlanta)
Is random chance ever eliminated from surverys?
No 2-3 SD is where social scientist say it’s enough to reduce error (95-99%).
Sampling Rule
need representative sample for surveys (Domino’s)
Confidence Interval Rule
High CI shows less likelihood of chance (Peters)
Problems with DNA evidence?
1) Comparing to the right database. (Dayton)
2) Lab Error (Reeves - not counted in RMP but relevant on cross)
3) Prosecutors Fallacy RMP = chance of random match not chance of guilt. (McDaniel)
example - if RMP =1/10,000 def. isn’t .01% chance innocent because in city 0f 500K, 50 people may match.
Dayton
Alsaka def. claimed he was compared to wrong “eskimo” database. However, random match probability was smaller with “correct” database.
Reeves
Lab error shouldn’t be counted in RMP.
What is the prosecutors fallacy?
Stating the RMP as likelihood of guilt rather than likelihood of random match.
Difference b/w mtDNA and Nuclear DNA
- Can be extracted from hairs and other non-living cells
- Inherited only through maternal side
- More mtDNA
- mtDNA resists degredation
- RMP lower probability (only exclusion)
What are some problems with Forensic Sciences?
1) Lack of standards
2) Lack of uniformity
3) lack of research (NAS report)
US v. Smallwood
Tire slash and prosecution offered evidence that def. had knife that could cause tire slash through a tool mark analysis. Held not reliable under Daubert b/c scientific basis for tool marking is with firearms not knives
Ways to challenge wage income calculation?
Projections correct? Need more than just W2? Bonuses, extra pay, Correct job? Correct retirement date?
Ways to challenge benefit calculations?
Vacation pay - can’t count twice
Health insurance - saved cost b/c person is dead
Ways to challenge household services?
Was this really coming out? Were services actually provided?
