It is important to note that these decisions rest on findings that proposed legal experts will not assist the trier of fact
, as required by Rule 702, because the opinions do not address facts.
Quoting DeLuca, it stated: "The Federal Rules of Evidence 'embody a strong and undeniable preference for admitting any evidence having some potential for assisting the trier of fact
and for dealing with the risk of error through the adversary process.
Combining both common law and the Federal Rules, courts have concluded that expert testimony is not permitted if it is within the knowledge of the average juror or if it will not assist the trier of fact
The court addressed the Davis-Frye issue determining that if a court recognizes that specific, technical, or other specialized knowledge will assist the trier of fact
to understand evidence or to determine a fact in issue, a witness qualified as an expert by education, skill, training and experience may testify in the form of an opinion or otherwise.
They concluded that it was a question which could best be resolved as a factual issue by a trier of fact
, or jury.
No reasonable trier of fact
could conclude that three isolated incidents nationally, and one very minor isolated incident in Virginia, no evidence whatsoever of problems in Loudoun County, and not a single employee complaint from anywhere in the country establish that the policy is necessary to prevent sexual harassment or access to obscenity or child pornography," Brinkema wrote.
Current rules permit experts to provide information that will assist the trier of fact
; new rules would admit information only if it is "reasonably reliable" and will "substantially" assist the trier of fact
REASONABLE MINDS, WHETHER LAY OR MEDICAL, COULD DIFFER BECAUSE A LAY TRIER OF FACT
COULD REASONABLY INFER THAT, WITHOUT THE NEED FOR MEDICAL TESTIMONY AND WITHOUT RESORTING TO SPECULATION, THAT IF THE THERAPIST FAILED TO CLEAR THE AIRWAYS BEFORE PUMPING OXYGEN INTO THE LUNGS, HE MADE IT INEVITABLE THAT THE INFANT WOULD INHALE HER OWN VOMIT.
Finally, the court noted that whether punitive damages are appropriately assessed against a deceased tortfeasor's estate should be resolved by the trier of fact
considering the nature of the acts committed.
In most cases against accountants, both sides must hire accountants to explain the relevant professional standards to the trier of fact
and to discuss whether any standards have been violated.
This type of credibility determination is appropriately left to the trier of fact
and will not be disturbed on appeal.
The $500,000 limit does not reestablish the credibility of the tort system, and does nothing to assist the trier of fact
in determining appropriate damages for noneconomic injuries," McMorrow wrote.