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The Judge's Factfinding Rule (In Jury Trials)

Evidence at Trial

Examples of preliminary facts include the qualification of a witness, the existence of a privilege, and the admission of evidence. The plaintiff wishes to call a witness who will testify that the light was indeed red. The preliminary fact is whether the witness is qualified to testify. Merrell Dow Pharmaceuticals, Inc. ,

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Federal Rule of Evidence 702: A Useful Rule (When It's Followed)

Evidence at Trial

Merrell Dow Pharmaceuticals, Inc. Another judge, likewise citing Daubert , might admit the opinion because "[v]igorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence." 579, 589 (1993).