Makita standard
Definition
The Australian admissibility standard from Makita (Australia) v. Sprowles (2001): the expert must identify the facts and assumptions underlying the opinion, the opinion must follow logically from them, and unstated assumptions may render the opinion inadmissible.
Related terms
- Daubert standard
- The US federal evidentiary standard (Daubert v. Merrell Dow Pharmaceuticals, 1993) requiring that expert testimony be based on scientifically valid methods with...
- FRE 702
- Federal Rule of Evidence 702, the US statutory basis for expert testimony admissibility. Amended in 2000 and again in 2023 to reflect...
- Frye standard
- The US legal test for admissibility of scientific evidence, originating from Frye v. United States (1923), which required that a technique be...
- Gatekeeping
- The trial judge's role under Daubert and FRE 702 to screen expert evidence for reliability before it reaches the jury. The judge...
- Kumho Tire extension
- The 1999 US Supreme Court decision that applied the Daubert gatekeeping obligation to all expert testimony, not only scientific testimony. After Kumho,...
Explained in
- Admissibility of Engineering Opinions: Daubert and BeyondThe Australian admissibility standard from Makita (Australia) v. Sprowles (2001): the expert must identify the facts and assumptions underlying the opinion, th...