Opinion Evidence

Opinion Evidence

Evidence of what the witness thinks, believes, or infers in regard to facts in dispute, as distinguished from personal knowledge of the facts themselves. The rules of evidence ordinarily do not permit witnesses to testify as to opinions or conclusions.

When this type of evidence is expressed by an expert witness, it may be used only if scientific, technical, or specialized knowledge will aid the trier of fact in understanding the evidence or determining a fact in issue. In the event that the witness is not testifying as an expert, the witness's testimony is restricted to opinions or inferences that are rationally based upon his or her perception and are helpful to a clear understanding of the testimony or the determination of a fact in issue.

References in periodicals archive ?
1-132-1) (9 pages) (assault by means of a dangerous weapon (knife); assault and battery on a household member; and assault and battery by means of a dangerous weapon, to wit a baseball bat; defendants claim of error from evidentiary rulings by the judge, namely the admission of opinion evidence as to the commonality of domestic violence victims delaying reporting abuse; defendants challenge to certain remarks by the prosecutor in her closing) (No.
The fundamental characteristic of expert evidence is that it is opinion evidence.
A club statement read: "It's extraordinary the players were convicted on no more than opinion evidence that could never come close to standing up in court.
Opinion evidence speaks to what an individual thinks about the facts without having any direct knowledge of what occurred.
Discussing Florida state law, the Eleventh Circuit indicated that for a court to admit computer-generated animation, "the proponent must establish that '(1) the opinion evidence [is] helpful to the trier of fact; (2) the witness [is] qualified as an expert; (3) the opinion evidence [is] applied to evidence offered at trial; and (4) .
enables an expert witness to provide opinion evidence based on otherwise inadmissible hearsay, provided it is demonstrated to be the type of material commonly relied on in the profession" (.
1) [T]he opinion evidence must be helpful to the trier of fact; (2) the witness must be Problems with photographic authenticity have greatly increased since the use of photograph-altering technology has become common.
This rule provides that where evidence of a character trait is admissible under the other rules of evidence, the trait can be proved with opinion evidence or reputation evidence.
The admissibility of expert opinion evidence is a noted exception to the principle that opinions are generally not admissible (at para 21).
Experts can be called to testify on virtually any subject that is beyond common experience and about which opinion evidence would aid the trier of fact.
A sampling of subjects included are: the mechanics of introducing evidence in courts-martial, witness competence, verification of evidence, credibility evidence, privileges and similar rules of exclusion, opinion evidence, the hearsay rule and its exemptions, substitutes for evidence, and constitutional privileges.

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