What is a primary reliability factor for expert testimony?

Master the Evidence Bar Exam. Study with flashcards and multiple choice questions, each providing hints and explanations. Prepare confidently for your exam!

The primary reliability factor for expert testimony is that the technique or theory is subject to testing. This is essential because the legal system relies on scientific principles and methodologies that can be independently verified and scrutinized. A foundational aspect of expert testimony is that it must be based on reliable and recognized methods that have been subjected to peer review or provide reproducible results.

When a technique or theory is testable, it demonstrates a level of scientific rigor and credibility that helps establish the reliability of the expert's conclusions. This is in line with standards set forth in cases like Daubert v. Merrell Dow Pharmaceuticals, which emphasize the need for a valid and reliable basis for the expert's testimony to be admissible in court.

Other factors, such as the expert's reputation, willingness to present findings, or experience with high-profile cases, do not inherently ensure the reliability of the testimony itself. They may contribute to the expert's credibility in a more general sense, but they do not satisfy the fundamental requirement of scientific validation that testing provides.

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