Ultimate Issue
Definition
The central question the court must decide: guilty or not guilty, liable or not liable. Traditionally experts were prohibited from expressing opinions on the ultimate issue, on the theory that this usurps the fact-finder's role. Most jurisdictions have relaxed this rule but experts should still frame opinions carefully to avoid appearing to direct the verdict.
Related terms
- Concurrent Evidence
- Also called 'hot-tubbing': a procedure, common in Australian courts and used experimentally in England, where opposing experts give evidence simultaneously, respond to...
- Cross-Examination
- Questioning of a witness by the opposing party. For an expert, cross-examination probes qualifications, methodology, the basis of opinions, limitations, inconsistencies with...
- Examination-in-Chief
- The questioning of a witness by the party who called them. For an expert, this is typically limited because the substance is...
- Expert Witness
- A person whose specialised knowledge is accepted by a court and who gives opinion evidence, not just factual evidence. Forensic auditors frequently...
- 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...
Explained in
- The Expert Witness: Role, Duties and TestimonyThe central question the court must decide: guilty or not guilty, liable or not liable. Traditionally experts were prohibited from expressing opinions on the u...