Opinion evidence
Definition
Testimony about an inference or conclusion drawn from facts, rather than direct observation. Expert opinion is a recognised exception to the general rule that witnesses testify only to facts, but it remains subject to admissibility requirements and critical weight assessment.
Related terms
- Basis of opinion
- The underlying data, facts, or methodology on which an expert opinion rests. Courts require disclosure of the basis so the opposing party...
- Bharatiya Sakshya Adhiniyam 2023 (BSA)
- India's current evidence statute, which replaced the Indian Evidence Act 1872. Section 63 of the BSA governs electronic records and requires a...
- Corroboration
- The practice of confirming an observed attacker action by finding evidence of the same action in at least two independent data sources,...
- Gatekeeping
- The judicial function, codified in the United States by Daubert v. Merrell Dow Pharmaceuticals (1993) and Federal Rule of Evidence 702, of...
- Gatekeeping (Daubert)
- The duty of a US federal trial judge under Federal Rule of Evidence 702 and the Daubert line of cases to assess...
- General acceptance (Frye standard)
- The admissibility rule from Frye v. United States (DC Cir. 1923) requiring a technique to be generally accepted in the relevant scientific...
- 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...
- Voir dire (on evidence)
- A preliminary hearing, conducted in the absence of the jury, at which the judge evaluates the admissibility of proposed expert evidence. The...
Explained in these topics
- Landmark Judgments on Expert EvidenceTestimony about an inference or conclusion drawn from facts, rather than direct observation. Expert opinion is a recognised exception to the general rule that...
- Opinion Evidence and Its LimitsTestimony in which a witness states a conclusion or inference drawn from facts, rather than the facts themselves. Generally excluded from evidence; expert opin...