evidence

actuarial tables

Definition

 

Statistical tables that display the life expectancies of people based on certain characteristics such as age, gender, family history, and health. Actuarial tables are usually admissible in court as evidence of life expectancy.  Also termed expectancy table; mortality table; mortuary table; life table.

 

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Frye Standard

Standard used to determine the admissibility of an expert's scientific testimony, established in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). A court applying the Frye standard must determine whether or not the method by which that evidence was obtained was generally accepted by experts in the particular field in which it belongs.

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Daubert Standard

Definition

This is the standard used by a trial judge to assess whether an expert witness’s scientific testimony is based on scientifically valid reasoning that which can properly be applied to the facts at issue.

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Former Testimony Exception

Under the Federal Rules of Evidence, the former testimony exception to the hearsay rule allows former testimony of a witness in one proceeding involving the same issue and same parties to be admissible in a second proceeding, provided that (1) there is a meaningful opportunity to cross examine or to develop the testimony since it was given live in the first proceeding; and (2) the declarant is unavailable to testify in the second proceeding.

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