Federal Rules
Evidence is _____ if it has any tendency to make a fact more or less probable than it would be without the evidence and the fact is of consequence in determining the action.
What is relevant?
The Ohio Rules of Evidence are patterned after these.
What is the Federal Rules of Evidence?
An out-of-court statement offered to prove the truth of whatever it asserts.
What is hearsay?
Based upon the Frye Standard evidence is not acceptable in a federal criminal trial in this circumstance.
What is not yet accepted by the scientific community?
James Frye's charge.
What is murder?
These include education, training, experience or specialized knowledge.
What are qualifications for an expert witness?
The standard of reliability rejected by Ohio rules.
What is Frye?
A witness that can rely upon information outside of their own personal knowledge.
What is an expert witness?
The Frye Test
What is must be sufficiently established to have gained general acceptance in a particular field?
The name of the antinausea medication taken by the mothers of Daubert and Schuller.
What is Bendectin?
This rule state's that a witness qualified as an expert may testify in the form of an opinion if the expert's specialized knowledge will help the trier of fact to understand the evidence or to determine a fact issue; the testimony is based on sufficient factors or dat; the testimony is the product of reliable principles and methods; and the expert has reliably applied the principles and methods to the facts of the case.
What is Rule 702?
These are the two distinct admissibility requirements Ohio's Supreme Court have established that the phrase "assist the trier" incorporate as it relates to testimony by experts.
What is only if it relates to a matter "beyond the ken" of the ordinary person and meets the threshold standard of reliability?
Rule 702 requires the opinion testimony help this person.
Who is the trier of fact?
The guidelines for the admissibility of scientific testimony as offered by the U.S. Supreme Court in Daubert v. Merrell Dow Pharmaceuticals focuses on this rather than the conclusions of the expert's evidence.
What is methods?
The latin phrase meaning just because the expert said it was true.
What is ipse dixit?
The only type of opinion testify forbidden (a specific component of the ultimate issue of a case).
What is whether or not the defendant had a mental state that is an element of the crime?
These three requirements are expressedly stated Ohio Rule 702 as it pertains to admissibility of expert testimony.
What is: The witness must be qualified to testify by reason of specialized knowledge, skill, experience, training or education.
The witness's testimony must relate to matters beyond the knowledge or experience possessed by lay person, or dispel a misconception common among lay persons.
The witnesses testimony must have its basis in reliable scientific, technical, or otherwise specialized knowledge/
The Federal Rule number for an assertion that evidence is relevant; however, it should be excluded for prejudicial reasons.
What is 403?
A judge's failure to properly consider a fact or a law.
What is "abuse of discretion"?
The type of vehicle driven by Patrick Carmichael.
What is a minivan?
Facts or data that would otherwise be inadmissible can be disclosed in an testimony of opinion weighing these.
What is probative value vs. the prejudicial effect?
Testimony in the form of an opinion or inference otherwise admissible is not objectionable solely because of this.
What is it embraces the ultimate issue?
This type of evidence if not admissible.
What is irrelevant?
The decision in Kumho Tire Co V. Carmichael allowed from the factors recommended by Daubert be applied to both of these types of evidence.
What is scientific and nonscientific evidence?
The number of years between the establishment of the Frye Standard and the Daubert decision
What is 70?