Thursday, November 04, 2004

The Good News

We're pleased to report that the presidential election was decided by ballots, and not by a judicial ruling on whether some voting expert's testimony was sufficiently reliable to pass muster under Daubert, Kumho Tire, or Fed. R. Evid. 702.

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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.