Chapter 13

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1. Judges are free to use their own expertise on issues before the court.

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2. If the rationale for judicial notice is to save the court time, then judicial notice should be given conclusive effect, subject only to appeal.

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3. The nature of facts used to decide questions of law is far less likely to be indisputable or verifiable because of their link to policy decisions and choices that depend on competing values.

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4. Thayer wrote, "in conducting a process of judicial reasoning, as of other reasoning, not a step can be taken without assuming something which has not been proved." This illustrates Thayer's opinion that judicial notice was part of the law of evidence and that experts ought to be called to assist them in their decision making.

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5. Anyone can give evidence to the effect that an accused was too drunk to drive a car properly.

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6. A person may only give expert testimony if she or he has university qualifications.

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7. One of the dangers of expert evidence is that the jury may give it more weight than it deserves.

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8. An expert opinion is admissible if relevant, even if it is based on secondhand evidence.

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9. As a general rule, a witness is not allowed to comment on whether another witness is telling the truth.

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10. Monahan and Walker suggest that social science research be evaluated the same way judges evaluate cases.

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