MBE Rules · Evidence
Expert testimony — Daubert
FRE 702 / Daubert
The rule
An expert witness may give opinion testimony if (1) qualified by knowledge/skill/experience/training/education, (2) testimony based on sufficient facts/data, (3) product of reliable principles and methods, (4) reliably applied. Court is gatekeeper (Daubert). Factors: testability, peer review, error rate, general acceptance.
In plain English
An expert can testify in court if they're qualified and their methods are reliable and relevant to the case. The judge decides if the expert's testimony is based on sound science.
Worked example
In a car accident case, the defendant wants an engineer to testify about brake failure. The judge checks if the engineer's methods are scientifically tested and accepted before allowing their testimony.
Memory hook
Daubert's Gate: Experts Enter Only If Reliable. Court checks expertise, data, and methods before testimony.
The trap
Students think: Expert's credentials alone make testimony admissible. Wrong, because reliability of methods and application matter. The actual test is Daubert's factors.
How examiners test it
The MBE loves: expert with impressive credentials but shaky methodology. Trap: assuming credentials suffice. Focus on reliability and application of methods.
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