Thursday, December 22, 2005

Busman's Holiday

Whatever this weblog may be, it is not the state. And so we may constitutionally invite our readers to tackle the Christmas Hypothetical from Professor Nesson's 1996 evidence exam.

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.