Sunday, June 17, 2007

A Key Term Defined

We're glad this has been cleared up. Ted Frank:
When reformers use "frivolous" they mean the meritless cases, where, because of far-fetched legal theories, junk science, or overbroad liability rules, plaintiffs seek or realize recovery far beyond what makes good social policy.


Anonymous writes ...

Oh, so it is different than the definition that actual lawyers use.

I am surprised that they would call claims that actually prevailed "frivolous" since I thought their argument was that the very making of the claim hurt people. But, whatever.

1:49 PM  

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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.