Expert Testimony - Law Dictionary Search Results
Home Dictionary Name: expert testimonyexpert testimony
expert testimony Testimony given in relation to some scientific, technical, or professional matter by experts, i.e., persons qualified to speak authoritatively by reason of their special training, skill, or familiarity with the subject. Source: FindLaw ...
Expert witness
Expert witness, an 'expert' is not a 'witness' of fact. His evidence is really of an advisory character. The duty of an 'expert witness' is to furnish the Judge with the necessary scientific criteria for testing the accuracy of the conclusions so as to enable the judge to form his independent judgment by the application of this criteria to the facts proved by the evidence of the case. The scientific opinion evidence, if intelligible, convincing and tested becomes a factor and often an important factor for consideration along with the other evidence of the case. The credibility of such a witness depends on the reasons stated in support of his conclusions and the data and materials furnished which form the basis of his conclusions, State of Himachal Pradesh v. Jai Lal, (1999) 7 SCC 280: AiR 1999 SC 3318 (3321). [Evidence Act, 1872, s. 45]...
Frye test
Frye test [from United States v. Frye, 293 F. 1013 (1923), the case that established the rule] : a common-law rule of evidence: the results of scientific tests or procedures are admissible as evidence only when the tests or procedures have gained general acceptance in the particular field to which they belong called also Frye rule NOTE: In Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), the Supreme Court held that the Federal Rules of Evidence supersede the Frye test, and as a result scientific evidence (as expert testimony) needs to meet only the requirements of the Federal Rules of Evidence in order to be admissible. ...
Adduce
Adduce, means to offer or put forward for consideration (something) as evidence or authority e.g. adduce the engineer's expert testimony, Black Law Dictionary, 7th Edn., p. 39....
Obscenity
Obscenity, is not deemed to be protected by the First Amendment, and the operative legal tests for obscenity are spongy and leave much to the vagaries of juries asked to evaluate expert testimony on literary merit, offensiveness, and other unmeasur-ables, Richard A. Posner, Law and Literature: A Misunderstood Relation 329 (1988).Obscenity, means (1) The quality or state of being morally abhorrent or socially taboo, esp. as a result of referring to or depicting sexual or excretory functions. (2) Something (such as an expression or act) that has this quality, Black's Law Dictionary, 7th Edn., p. 1104....
voir dire
voir dire [Anglo-French, to speak the truth] : a formal examination esp. to determine qualification (as of a proposed witness) [the judge admitted the witness's expert testimony after a voir dire by the attorney] ;esp : the act or process of questioning prospective jurors to determine which are qualified (as by freedom from bias) and suited for service on a jury vt voir dired voir dir·ing : to examine in a voir dire proceeding [a motion to voir dire the witness outside the presence of the jury] [voir diring prospective jurors as to their beliefs concerning the death penalty "State v. Ortiz, 540 P.2d 850 (1975) (concur)"] ...
Experts
Experts, referred in Indian Evidence Act, 1872 (1 of 1872), s. 45.The witnesses who give evidence upon matters of their own professional knowledge, as distingui-shed from particular matters of fact, e.g., professed judges of handwriting, foreign lawyers as to foreign law (see Re Turner, 1906 WN 27), or doctors as to the effects of drugs or poisons. The admissibility of such evidence rests upon the maxim cuilibet in sua arte est credendum.Regarding Court Experts, see R.S.C.Ord. XXXVIIA. An arbitrator under the (English) Small Holdings and Allotments Act, 1908 (8 Edw. 7, c. 36), cannot by virtue f Schedule I. (5) of that Act hear expert witnesses except by direction of the Minister of Agriculture and Fisheries. See Best on Evidence; as to privilege of expert on handwriting, see Seaman v. Netherclift, (1876) 2 CPD 53; and as to the caution with which well-paid expert evidence is to be accepted as proof, see per Jessel, M.R., in Lord Abinger v. Ashton, (1873) LR 17 Eq. 358....
testimony
testimony pl: -nies [Latin testimonium, from testis witness] : evidence furnished by a witness under oath or affirmation and either orally or in an affidavit or deposition former testimony : testimony that a witness gives at a different proceeding (as another hearing or a deposition) NOTE: Under Federal Rule of Evidence 804, former testimony is admissible as an exception to the hearsay rule when the declarant is unavailable and if a predecessor in interest in a civil proceeding or the party against whom the testimony is offered had an opportunity and similar motive to develop the testimony. negative testimony : testimony concerning what did not happen ;esp : testimony concerning what one did not perceive [negative testimony that the witness did not hear a train whistle] NOTE: Negative testimony is sometimes accorded the same weight as positive testimony when the witness was in a position to perceive something and was eagerly attentive. opinion testimony : testimony relaying o...
witness
witness [Old English witnes knowledge, testimony, witness, from wit mind, sense, knowledge] 1 a : attestation of a fact or event [in whereof the parties have executed this release] b : evidence (as of the authenticity of a conveyance by deed) furnished by signature, oath, or seal 2 : one who gives evidence regarding matters of fact under inquiry ;specif : one who testifies or is legally qualified to testify in a case or to give evidence before a judicial tribunal or similar inquiry [a before a congressional committee] [no person…shall be compelled in any criminal case to be a against himself "U.S. Constitution amend. V"] compare affiant, deponent adverse witness : a witness who is called by or associated with an opposing party or who by statement, conduct, or other evidence (as of relationship) shows bias against or is injurious to the case of the party by whom the witness is called [sought to have his witness declared an adverse witness subject to impeachment] called als...
question
question 1 : a particular query directed to a witness compare interrogatory hy·po·thet·i·cal question [hī-pə-the-ti-kəl] : a question directed to an expert witness (as a physician) that is based on the existence of facts offered in evidence and the answer to which is an opinion to be considered in light of the evidence NOTE: Modern rules of evidence have lessened the need for a hypothetical question setting forth all of the facts to be assumed in answering the question. An expert witness may state an opinion based on data or facts considered reliable in his or her field even if not already disclosed or not admissible as evidence. leading question : a question so framed or presented as to suggest a particular answer [leading questions should not be used on the direct examination of a witness except as may be necessary to develop his testimony "Federal Rules of Evidence Rule 611(c)"] NOTE: Leading questions are permitted in direct examination of ...
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