CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Limitations of Expert Testimony
.........Issue of Law
 15 Cards On This Topic:
  • If the terms used by an expert witness do not have a specialized legal meaning and are not an attempt to instruct the jury on the law, or how to apply it to case facts, the expert's testimony is not an impermissible legal conclusion.
  • Attorneys may testify as experts on factual issues such as industry standards related to bad faith claim.
  • Upon plaintiff's motion for summary judgment, trial ct. properly excluded declaration of defendant's expert where it lacked adequate foundation and analysis, and made legal conclusions.
  • Trial ct. properly excluded expert declarations attached to plaintiffs' opposition to defendant's motion for summary judgment where declarations only provided ultimate conclusions of law.
  • Without law supporting position that severe depression and/or psych. disability absolves one of the duty of sex offender registration, ••despite knowledge of that duty••, expert psych. evidence irrelevant.
  • No abuse of discretion in excluding testimony of Saudi marital expert where of minimal importance when balanced against state's interest in expeditious resolution of dependency case.
  • Court misperceived jury's role in "arbitration-within-a-trial" and prejudicially erred in permitting P's expert to testify about ultimate result of arbitration.
  • Testimony by lawyer expert on issues of law not admissible since it was judge's responsibility to instruct jurors on law.
  • Court may not rely on expert re legal question of duty to deny SJ for Ds where skating injury is inherent risk of sport and covered by primary assumption of risk.
  • Witness may not express opinions on definition of crimes, whether a crime committed or on defendant's guilt.
  • Expert testimony on domestic law is usually inadmissible.
  • Expert may not express opinion as to legal question, i.e., probable cause.
  • Expert opinions on legal questions are not admissible regardless of whether the opinion embraces an ultimate issue.
  • The manner in which the law should apply to particular facts is a legal question and is not subject to expert opinion.
  • Expert may not express opinion on jury issue.


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