1
Q
competency
A
F & CA - witness tesitfy based on perosnal knoweldge, ability to communicate, take an oath and claim to recall what perceived
*CA - W must also understand legal duty to tell truth
2
Q
grounds to DQ witness
A
CA - hyponosis
3
Q
expert opinion
A
F& CA -
- helpful
- W must be qualified
#. W must believ ein opinion to reasonable degree of certainty - opinion must be supported by poper factual basis
- opiion must be base don reliable principles reliably applied to facts
4
Q
kumho/duabet
A
reliability determine by 4 factors
- publication and peer review
- error rate
- results are tested and ability to retest
- reaosnable level of acceptance
5
Q
CA Kellye/Frye
A
reliability of scientific opinoins determined by ONE FACTOR - the opioin must be based on principles generally accepted by experts in the field.
*inapplicable to non-scientific opinonis and medical opinions
this is tougher to win than Duabert
6
Q
learned treatise hearsay
A
F - admissible to prove antyhing if treatise is accepted
CA - only admissible to show matters of general notoriety or inteest, SUPER NARROW
