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Source Opinion Testimony South Dakota Bar Exam Topic Index Matched to this deck.

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During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A witness offered an opinion based partly on observation and partly on specialized training. The parties disagree about the legal effect of those facts. How is the court most likely to rule?

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Resolve the dispute on equitable fairness alone without identifying the governing doctrine or its limits. The judge should rule by applying the evidentiary standard to the purpose and foundation for the proof: The answer should identify the governing rule for Opinion Testimony and apply it to the operative facts. Treat the formal label attached to the claim or defense as conclusive and disregard facts bearing on the rule's elements. Import a rule from a nearby issue instead of applying the rule triggered by these facts.

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