Articles
The Judge's Factfinding Rule (In Jury Trials)
A common misconception in jury trials is that judges only decide legal questions and juries decide factual questions. The reality is that before a jury sees or hears any evidence, the judge first decides what the jury will see and hear. And to make those determinations, the judge answers a host of factual questions. A more precise way to describe the factfinding roles of a judge and jury is as follows: Judges determine preliminary facts, and juries decide adjudicative facts. Knowing the...
Federal Rule of Evidence 702: A Useful Rule (When It's Followed)
When it comes to evidentiary disputes, it can be tough to predict how a particular judge will rule. What is inadmissible character evidence (Rule 404(a)) to one judge might be admissible "other acts" evidence (Rule 404(b)) to another.
And when it comes to expert opinion testimony, there can be even more uncertainty. A judge considering a shaky opinion might—citing the Supreme Court's landmark ruling, Daubert v. Merrell Dow Pharmaceuticals, Inc.—exclude the opinion on the...
David Sugden
Dave is a business trial lawyer who is an ABOTA member and has been recognized from 2020 - 2023 as one of the “Top 50 Super Lawyers in Orange County,” and previously recognized by California’s Daily Journal as one of “California’s 20 Top Attorneys Under 40”.
He has represented business entities both as a plaintiff and defendant throughout the country.
Recent Posts
