Book - Hardbound

The New Wigmore: A Treatise on Evidence - Expert Evidence, Second Edition

The New Wigmore: A Treatise on Evidence - Expert Evidence, Second Edition

The New Wigmore: A Treatise on Evidence - Expert Evidence, Second Edition

Contributor(s)
By David H. Kaye, David E. Bernstein, Jennifer L. Mnookin
Update Frequency
Annually
Last Update
11/29/2010
Product Line
Wolters Kluwer Legal & Regulatory U.S.
Available formats

Details

Expert Evidence provides in-depth coverage of the topics that lawyers and judges must know when dealing with expert testimony concerning medicine, engineering, psychology, economics, and forensic science, among other areas. It covers the topics common to all such testimony and focuses on scientific and statistical evidence, providing sophisticated and up-to-date explanations and analyses of:

  • The principles and policies underlying all the approaches to admitting scientific evidence, from the traditional relevance standard to the most restrictive interpretations of the Supreme Court's watershed opinion in Daubert v. Merrell Dow Pharmaceuticals
  • An in-depth look at the continuing importance and practical operation of the Frye standard
  • Qualifications for expert witnesses
  • Permissible subject matter and allowable bases for expert testimony
  • The learned treatise exception to the hearsay rule
  • The impact of evidence-based medicine and more rigorous legal standards for proof of causation in product liability and medical malpractice cases

Of immense value in civil and criminal litigation, this resource is packed with authoritative answers to your most pressing admissibility questions, providing:

  • The only extensive treatment showing you how to invoke the exceptions to the exclusionary rules in both federal and state courts
  • The most up-to-date analysis of these crucial and complex evidentiary rules, with hundreds of cases and the latest state codifications as well as thorough background, so you can underpin your argument with powerful support
  • Expert guidance on framing limiting-instructions to protect a party from jury misuse of evidence
  • Extensive breakdown into subsections, so you can find the specific material you need quickly and easily

Filled with practice-proven insights and guidance, Expert Evidence enables you to:

  • Master the underlying legal principles of expert evidence as they apply to your case
  • Formulate novel arguments based on solid precedent
  • Validate expert evidence in products liability, medical malpractice, criminal forensics, criminal prosecutions, criminal defense, and appellate matters
  • Identify statistical fallacies quickly and easily
  • Find vital information and development winning strategies using numerous tables, charts, and graphs Expert Evidence deals with the ideas behind the cases in a sophisticated way

ISBN: 9780735593534
SKU: 10045649-0001

Chapter 1. PURPOSES, HISTORY, AND CHALLENGES OF EXPERT EVIDENCE

  • §1.1 Introduction
  • §1.2 Distinctive Features of Expert Testimony
  • §1.3 An Abbreviated History of Expert Evidence
  • §1.4 Current Complaints About Expert Testimony

Chapter 2. SUBJECT MATTER OF AND NEED FOR EXPERT TESTIMONY

  • §2.1 The Usefulness and Dangers of Expert Testimony
  • §2.2 Expert Testimony on Ultimate Issues of Fact
  • §2.3 Expert Testimony on Law
  • §2.4 Expert Testimony on Credibility: General Rule
  • §2.5 When Is Expert Testimony Necessary?
  • §2.6 Distinction Between Lay and Expert Witnesses

Chapter 3. EXPERT QUALIFICATIONS

  • §3.1 General Qualification Standards
  • §3.2 Need for Testimony by Subspecialists
  • §3.3 Expertise Required to Testify on the Reliability of Forensic Techniques
  • §3.4 Requirement of Keeping Up-to-Date in One's Field
  • §3.5 Qualifications of Medical Experts

Chapter 4. THE BASES FOR EXPERT TESTIMONY

  • §4.1 Introduction
  • §4.2 Firsthand Observations
  • §4.3 Presentation at Trial
  • §4.4 Hypothetical Questions
  • §4.5 The Common-Law Approach to Inadmissible Evidence as the Basis for Expert Testimony
  • §4.6 The Modern Approach: Permitting Experts to Rely on Inadmissible Evidence to Form the Bases of Their Opinions
  • §4.7 Disclosure of the Factual Basis
  • §4.8 Current Standards for Evaluating Whether to Permit Disclosure
  • §4.9 Disclosure: Conclusion
  • §4.10 Expert Basis Testimony and the Confrontation Clause

Chapter 5. TREATISES AND OTHER LEARNED WRITINGS

  • §5.1 Introduction
  • §5.2 Learned Treatises Under the Common Law
  • §5.3 Challenges to the Common-Law Rule
  • §5.4 The Learned Treatise Exception in the Federal Rules of Evidence
  • §5.5 Learned Treatises as Exhibits
  • §5.6 Procedural Issues
  • §5.7 Films

Chapter 6. THE RELEVANCE-HELPFULNESS AND GENERAL-ACCEPTANCE STANDARDS FOR SCIENTIFIC EVIDENCE

  • §6.1 Introduction
  • §6.2 The Relevance-Helpfulness Standard
  • §6.3 The General-Acceptance Standard

Chapter 7. THE VALIDITY-RELIABILITY STANDARD FOR SCIENTIFIC EVIDENCE

  • §7.1 Introduction
  • §7.2 Relevancy-Plus: The Road to Daubert
  • §7.3 Daubert v. Merrell Dow Pharmaceuticals, Inc.
  • §7.4 Impact in the Lower Courts
  • §7.5 Applying the Validity Standard

Chapter 8. THE BOUNDARY PROBLEM: WHEN IS EXPERT EVIDENCE SCIENTIFIC EVIDENCE?

  • §8.1 The Boundary Problem: Pertinent Considerations
  • §8.2 Physical and Chemical Instrumentation
  • §8.3 Mathematical and Statistical Models
  • §8.4 Animal Expertise
  • §8.5 Facilitated Communication
  • §8.6 “Simple” Physical Comparisons
  • §8.7 Clinical Medicine
  • §8.8 Psychiatric and Psychological Evaluations

Chapter 9. LIMITING STRICT SCRUTINY BY METHODOLOGY, NOVELTY, OR TYPE OF CASE

  • §9.1 Introduction
  • §9.2 The Usurpation Problem and the Methodology-Conclusion Distinction
  • §9.3 Novelty
  • §9.4 Civil Cases

Chapter 10. ERASING THE BOUNDARY: HEIGHTENED SCRUTINY FOR ALL EXPERT TESTIMONY?

  • §10.1 From Frye to Daubert to Kumho Tire
  • §10.2 Why All Expert Testimony Should Receive Serious Scrutiny
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