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Archive for the ‘Evidence’ Category

Unlike expert opinions, lay opinion testimony is limited to what was directly perceived by the witness and may not rest on otherwise inadmissible hearsay

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October 15, 2014 at 8:21 am

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An expert offers an inadmissible net opinion if he or she cannot offer objective support for his or her opinions, but testifies only to a view about a standard that is personal

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September 16, 2014 at 6:29 am

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In some cases, the jury is not competent to supply the standard by which to measure the defendant’s conduct

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September 16, 2014 at 6:28 am

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The customs of an industry are not conclusive on the issue of the proper standard of care

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September 16, 2014 at 6:26 am

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The admissibility of expert testimony

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September 11, 2014 at 6:41 am

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When a party fails to produce a witness who is within its power to produce and who should have been produced, the adverse inference rule permits the factfinder to infer that the witness’s evidence is unfavorable to the party’s case

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September 11, 2014 at 6:38 am

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The underlying danger of admitting other-crime evidence is that the jury may convict the defendant because he or she is a bad person in general

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September 4, 2014 at 6:14 am

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Statements made by a child relating to any allegations of abuse or neglect

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August 27, 2014 at 6:49 am

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A business record may be admitted if the trial court finds the writing was made in the regular course of business, it was prepared within a short time of the act, condition, or event being described, and the source of information and method and circumstances of its preparation justify allowing it into evidence

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August 22, 2014 at 8:37 am

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Expert testimony is generally required when a subject is so esoteric that jurors of common judgment and experience cannot form a valid conclusion

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August 19, 2014 at 4:10 pm

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