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Q: True or False: The U.S Supreme Court decision in Kumho Tire Co., Ltd. v. Carmichael restricted the "gatekeeping" role of a trial judge only to scientific testimony.
A: False: The Supreme Court disagreed and held that the trial judge's Daubert gatekeeping obligation applied not only to scientific testimony, but to all expert testimony based on scientific, technical or other specialized knowledge. [ The court based its conclusion on the fact that Rule 702 makes no distinction between "Scientific", "technical" and "other specialized" knowledge. Thus, Daubert's
"gatekeeping" requirement applies to any testimony offered pursuant to Rule 702, even experience-based testimony. ]
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Asked 8/22/2012 7:25:50 PM
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