Admissibility, Direct & Cross Examination

Demosthenes Lorandos & Judge Stephanie Domitrovich

The state of expert evidence law is deplorable. Given that few jurists and lawyers can properly evaluate science, and the prevalence of advocate and expert misconduct (intentional and not), the consequences of junk science in courtrooms across the English-speaking world are extreme. 

This chapter educates lawyers, judges and experts on the full range of subjects required to properly introduce, challenge, evaluate and admit or deny expert evidence, including specifically, proper gatekeeping methods for judges and effective direct and cross-examination techniques for litigators. Particular topics include: 

The Daubert trilogy’s requirements

Tips for developing an expert examination strategy

The peer review process, why it’s important and how to evaluate the quality of scientific literature

Step - by - step instruction for conducting an expert cross examination

Testing the helpfulness of the proffered evidence

Determining reliability, including if the proffered expert & evidence “fit” the fact at issue

Expert qualifications

The necessity for the expert to have expertise in the history, methods, procedures

The various types of validity, including external, internal, construct and statistical conclusion

Step-by-step instruction for conducting an expert direct examination

Hypothesis testing, including internal consistency, logical structure, and consistency

Detailed selection criteria for choosing an expert

Error rates, including types of error, sources of error and sensitivity and specificity concerns

Testing the proficiency of experts

Providing a thorough review of the literature, comprehensive coverage of the elements necessary to admit (or deny) introduction of expert evidence and detailed guidance on how to conduct direct and cross-examinations, Admissibility, Direct & Cross is a must for litigators, judges and experts.