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      Kinds of proof

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      Area of law

      Opinion That Counts as Evidence — page 2

      A decision-maker is not obliged to listen to anybody's opinion, and the general rule is that witnesses give facts. Expert evidence is the exception, and it is a narrow one: the field has to be a real one, the person has to be qualified in it, the opinion has to rest on a basis that can be examined, and the report has to say what that basis is. This subject sets out how an opinion qualifies, what a report must contain, and what happens when two qualified people reach opposite conclusions.

      Opinion That Counts as Evidence

      The Basis of an Opinion, and Its Weak Points

      An opinion rests on material, assumptions and a method, and each of the three is a point at which it can fail. Material may be incomplete or chosen by somebody with an interest in the result, assumptions may be contested facts the decision-maker has yet to resolve, and a method may be sound in general but wrong for this particular question. Attacking the conclusion directly almost never works.

      6 min readCourt rules