New York Law (NYLE) Practice Exam

In order to introduce scientific evidence of an expert in a civil action in New York, which of the following is true?

1. The expert may only rely on personal experience to come to an opinion

2. The expert may base opinion on scientific theories if the principles enjoy general acceptance

3. The expert may base opinion on theories regardless of acceptance in the scientific community

4. The expert must consult with colleagues before forming an opinion

The correct answer is: The expert may base opinion on scientific theories if the principles enjoy general acceptance

The correct answer highlights that in order for scientific evidence provided by an expert to be admitted in a civil action in New York, the underlying scientific principles on which the expert bases their opinion must enjoy general acceptance within the relevant scientific community. This standard relates closely to the Frye standard, which indicates that for scientific evidence to be admissible in court, it must be based on methods and analyses that are widely accepted. Using this criterion ensures that the testimony offered by the expert has a reliable foundation in established scientific principles, which can enhance the credibility of the evidence being presented. This requirement serves to restrict the introduction of fringe theories or untested methodologies that may not be supported by the broader scientific community, thus safeguarding the integrity of the evidence considered by the court. Other options suggest various paths for forming expert opinions that do not align with New York's legal standards for acceptable scientific evidence. Some may imply that personal experience alone could suffice, reference theories that have not been generally accepted, or dictate procedures that go beyond what's necessary for forming an expert opinion in a legal context. Hence, the necessity for methodological acceptance within the scientific community distinguishes option B as the correct answer.