Category: Evidence

An expert opinion should not be based merely on unfounded speculation and unquantified possibilities

Substantial deference is given to a trial judge’s evidentiary rulings

The sufficiency of evidence offered in support of the authentication of evidence

The `opening the door’ doctrine

A defendant should not be precluded from offering such rebuttal proofs as he might choose that are responsive and admissible

Counsel’s presentation of facts which are neither of record, judicially noticeable, nor stipulated, by way of statements in a supporting brief and oral argument do not constitute cognizable facts

An expert must give the why and wherefore supporting his or her opinions

A trial court may not rely on expert testimony that lacks an appropriate factual foundation and fails to establish the existence of any standard about which the expert testified

Res ipsa loquitur, a Latin phrase meaning “the thing speaks for itself,” permits an inference of negligence, establishing, in turn, a prima facie case of negligence

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