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Opinion evidence : ウィキペディア英語版 | Opinion evidence Opinion evidence refers to evidence of what the witness thinks, believes, or infers in regard to facts, as distinguished from personal knowledge of the facts themselves. In common law jurisdictions the general rule is that a witness is supposed to testify as to what was observed and not to give an opinion on what was observed. However, there are two exceptions to this rule: expert evidence and non-expert opinion given by laymen which people in their daily lives reach without conscious ratiocination. == General rule == In general, witnesses should testify only as to the facts observed and should not give opinion. The main rationale for such a rule is that the admission of opinion evidence would not assist, or might even mislead, the court and in particular the jury. This is because opinion evidence is usually irrelevant. Moreover, admission of such evidence would usurp the functions of the jury, which alone should be the tribunal of fact and draw its own inferences.
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Opinion evidence」の詳細全文を読む
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