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Basis of opinion

Definition

The underlying data, facts, or methodology on which an expert opinion rests. Courts require disclosure of the basis so the opposing party can challenge it through cross-examination or counter-expertise.

Related terms

Gatekeeping (Daubert)
The duty of a US federal trial judge under Federal Rule of Evidence 702 and the Daubert line of cases to assess...
Opinion evidence
Testimony about an inference or conclusion drawn from facts, rather than direct observation. Expert opinion is a recognised exception to the general...
Overriding duty to the court
The principle in English and Welsh law, codified in the Criminal Procedure Rules and the Civil Procedure Rules, that an expert witness...
Section 45, Bharatiya Sakshya Adhiniyam 2023
The Indian statutory provision permitting courts to consider the opinion of persons specially skilled in foreign law, science, art, handwriting, or finger...
Ultimate-issue rule
The traditional prohibition on an expert stating an opinion on the very factual question the court must decide, on the ground that...

Explained in

  • Opinion Evidence and Its LimitsThe underlying data, facts, or methodology on which an expert opinion rests. Courts require disclosure of the basis so the opposing party can challenge it thro...

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