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R V. Mohan 1994

Definition

Canadian Supreme Court decision establishing a four-factor admissibility test for expert evidence: relevance, necessity, absence of an exclusionary rule, and a properly qualified expert; White Burgess 2015 added the precondition of impartiality.

Related terms

BSA 2023 Section 39
The expert-evidence provision of India's Bharatiya Sakshya Adhiniyam 2023, successor to Indian Evidence Act Section 45. Governs the admissibility of expert opinion...
Contemporaneous Documentation
The requirement to record assessment observations, raw data, collateral information reviewed, and the reasoning for forensic opinions at the time they are...
Court-Appointed Expert
A neutral forensic expert appointed by the court independently of the parties; the default model in French and German civil law systems...
CPR Part 35
The Civil Procedure Rules section governing expert evidence in England and Wales. It establishes the expert's overriding duty to the court, the...
Dual-Role Conflict
The professional conflict arising when a forensic psychologist simultaneously holds a therapeutic and an evaluative relationship with the same individual; addressed under...
Expert Witness Duty to Court
The overriding obligation of an expert witness in common law proceedings to assist the court impartially, superseding any duty to the retaining...
Federal Rules of Evidence Rule 702
The US federal rule governing expert testimony, requiring that the opinion be based on sufficient facts, reliable principles, and a reliable application...
Insanity Defense Reform Act 1984
US federal legislation passed after the Hinckley acquittal that restricted expert psychiatric and psychological testimony in insanity proceedings by prohibiting direct ultimate-issue...
Party-Retained Expert
A forensic psychologist instructed by one party to litigation to provide an expert opinion; subject to the overriding duty to the court...
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...

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