Picture Association
Chocolate Chip Cookie
America's Best Cookie v. International House of Waffles
Individuals having superior skill or knowledge are required to conduct themselves consistent with such superior capacity.
Wallace v. DeVeas
Define Davis v. Adams
In determining whether expert testimony is sufficiently reliable, judges should consider only the methods employed and the data relied upon, not the conclusions themselves.
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following:
unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidenceDisneyland
Davis v. HappyLand Toy Co
The law will generally enforce contractual provisions that release a party for prospective negligence but will generally void contractual provisions that purport to release a party for prospective recklessness.
Experts cannot simply summarize inadmissible hearsay without first relating that hearsay to some specialized knowledge on the expert's part.
Statements that would be admissible if offered through any other witness are not rendered inadmissible simply because they are offered by an expert witness.
What are the 4 prongs of 702: Expert Witness Testimony
a) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
b) the testimony is based on sufficient facts or data;
c) the testimony is the product of reliable principles and methods; and
d) the expert has reliably applied the principles and methods to the facts of the case
Kodak
Coburn Camera Crew v. Ellicott City
1) Sufficient by itself to produce the plaintiff's harm
2) Not reasonably foreseeable to the defendant
3) Not itself a direct result of the defendant's wrongful conduct.
Bluebond Records v. Suedekum Talent Agency
In assessing reliability under Davis v. Adams, judges should consider, among other factors, whether the theory or technique has been or can be tested, whether it has been subjected to peer review and publication, whether it has a known error rate, and whether it has gained widespread acceptance within the field.
Out of the many many many exceptions to hearsay, give me 4 of them
Present Sense Impression, Excited Utterance, Then-existing Mental Emotion or physical condition, statement made for medical diagnosis or treatment, recorded recollection, records of a regularly conducted activity, absence of a record of regularly conducted activity, public records, public records of vital statistics, absence of a public records, records of religious organizations concerning personal or family history, certificates of marriage baptism and similar ceremonies, family records, records of documents that affect an interest in property, statements in documents that affect an interest in property, statements in ancient documents, market reports and similar commercial publications, statements in learned treatises, periodicals, or pamphlets, reputation concerning personal or family history, reputation concerning boundaries or general history, reputation concerning character, judgment of a previous conviction, judgments involving personal family or general history, or a boundary.
Chevrolet
Motown Car Company v. Mink
A plaintiff's own contributory negligence is not a defense in an action brought for harms caused by the Defendant's recklessness.
A plaintiff's own recklessness is an affirmative defense in such an action, as is a plaintiff's voluntary assumption of the risks arising from the defendant's recklessness.
Jackson v. Bryan
Define Davis v. HappyLand Toy Co.
In a wrongful death action, bot the deceased and the surviving spouse are considered parties for all evidentiary purposes.
A surviving spouse in a wrongful death action is not a party for purposes for establishing harm or injury.
In a wrongful death action, it is not relevant--and may often be overly prejudicial--that a surviving spouse suffered emotional distress, loss of financial support, or loss of companionship.
What are statements that are not hearsay?
Opposing party statement, a declarant-witness's prior statement.
Family Cookout
Richards v. Mississippi BBQ
It must be proven by a preponderance of the evidence that a given person made a particular statement, the court must assume the statement was made by that person for purposes of assessing its admissibility.
Define Coburn Camera Crew v. Ellicott City
Character evidence doesn't only apply to persons; it can also apply to corporations as well.
What are the three prongs to 701: Lay Witness Opinion (Speculation)
Helpful to clearly understanding the witness's testimony or to determining a fact in issue; and
not based on scientific, technical, or other specialized knowledge within the scope of rule 702.