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Old Chief v. United States, 519 U.S. 172 (1997), discussed the limitation on admitting relevant evidence set forth in Federal Rule of Evidence 403. Under this rule, otherwise relevant evidence may be excluded if the probative value of the evidence is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or considerations of undue delay ...
Opinion evidence refers to direct evidence outlining what the expert witness, believes, or infers in regard to facts, as distinguished from personal knowledge of the facts themselves. [1] In common law jurisdictions the general rule is that a witness is supposed to testify as to what was observed and not to give an opinion on what was observed.
The Supreme Court reversed, and remanded the case to the Ninth Circuit Court of Appeals. On remand, the court analyzed the case under the new standard, upholding the district court's original grant of summary judgement for the defendant. [5] After Daubert, it was expected that the range of scientific opinion evidence used in court would be ...
Held that an organization may sue in its own right if it has been directly injured, for example through a "drain on the organization's resources", and that so-called "testers", individuals who sought to determine if a company was in violation of the law, may have standing in their own right. [8] 9–0 [9] City of Los Angeles v. Lyons: 1983
In the Paquete Habana case (decided by the United States Supreme Court in 1900 on the question of whether small coastal fishing boats are immune from capture during wartime under customary international law), evidence of opinio juris included medieval English royal ordinances, agreements between European nations, orders issued to the U.S. Navy ...
Graat v R, [1982] 2 S.C.R. 819, is the leading case decided by the Supreme Court of Canada on the admissibility of opinion evidence.The Court held that lay persons may give opinion evidence, which is normally reserved only for expert witnesses, where the opinion so closely infers fact that it is a "compendious statement of fact".
With regards to ESI, examples of evidence that could be dismissed under this rule are when the evidence contains excessive offensive language, or when computer animations are used to make a point which can be incorrectly interpreted by the jury. In the case of Lorraine v. Markel, the applicability of rule 403 was not addressed by either party.
The Supreme Court agreed to hear the case "to resolve a conflict among the Courts of Appeals as to whether the trial court must make a preliminary finding before 'similar act' and other Rule 404(b) evidence is submitted to the jury." [4] Chief Justice Rehnquist wrote for the unanimous court. Rule 404 of the Federal Rules of Evidence states: [5]
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