Also known as:fits · fitted · fitting · fitness · fit for purpose · fit and proper
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
in evidence law
A connection between proposed expert testimony and a disputed factual issue in the case. The connection exists when the testimony logically advances a material aspect of the proposing party's case and assists the trier of fact in resolving that issue.
2
Sense 1
1
in evidence law
A connection between proposed expert testimony and a disputed factual issue in the case. The connection exists when the testimony logically advances a material aspect of the proposing party's case and assists the trier of fact in resolving that issue.
Examples5
Expert Testimony on Causation
Faith Fitzgerald offers an epidemiologist to testify that a pharmaceutical caused birth defects. The expert's methodology is scientifically valid but addresses only general causation in populations. The court excludes the testimony because it does not connect the drug to the specific plaintiffs' injuries.
Sense 2
2
in professional conduct
The suitability of a judge to hold judicial office. A violation of judicial conduct rules raises a substantial question about fitness when it calls into serious doubt the judge's honesty, trustworthiness, or capacity to perform judicial duties.
Examples1
Lawyer Reports Judicial Misconduct
Francesca Fiore learns that a sitting judge accepted gifts from a litigant appearing before the court. She determines that the conduct violates judicial ethics rules and creates doubt about the judge's ability to remain impartial. Fiore therefore reports the matter to the judicial conduct commission as required.
The suitability of a judge to hold judicial office. A violation of judicial conduct rules raises a substantial question about fitness when it calls into serious doubt the judge's honesty, trustworthiness, or capacity to perform judicial duties.
Each sense below has its own examples, sources, and questions.
Daubert v. Merrell Dow Pharmaceuticals, Inc.509 U.S. 579, 592 (1993)
Zoning Ordinance Challenge
Felix Franco challenges a village zoning ordinance that restricts industrial uses on his land. The village defends the measure as a valid exercise of police power to preserve residential character. The court upholds the ordinance because it reasonably advances legitimate community planning goals.
Village of Euclid Ohio v. Ambler Realty Co.272 U.S. 365, 47 S.Ct. 114, 71 L.Ed 303 (1926)
Defamation Actual Malice
Fatou Fall, a public official, sues a newspaper for publishing an advertisement critical of police conduct. The advertisement contained factual errors. The court requires Fall to prove that the newspaper acted with knowledge of falsity or reckless disregard because the speech concerned public issues.
New York Times v. Sullivan376 U.S. 254 (1964)
Federal Officer Liability
Farah Fox alleges that federal narcotics agents conducted an unreasonable search of her apartment without a warrant. She seeks damages directly under the Constitution. The court recognizes an implied cause of action against the officers for the Fourth Amendment violation.
Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971)
Contraceptive Ban Challenge
Felipe Figueroa, a physician, challenges a state statute criminalizing the provision of contraceptives to married couples. The court holds that the statute violates a fundamental right to marital privacy protected by the Constitution.
Griswold v. Connecticut381 U.S. 479 (1965)
Frequently Asked2
What does the fit requirement add to the Daubert analysis?+
Fit requires that the expert testimony be tied to the facts of the case so that it helps the jury decide a disputed issue. Scientific validity alone is insufficient if the testimony does not advance a material aspect of the claim.
Does fit require the expert testimony to prove the ultimate issue?+
No. Fit only requires a valid scientific connection to a pertinent inquiry in the case. The testimony need not conclusively establish any element so long as it assists the trier of fact on a material fact.
1
When must a lawyer report judicial misconduct under Rule 8.3(b)?+
A lawyer must report when the lawyer knows of a violation of judicial conduct rules that raises a substantial question about the judge's fitness for office. The duty applies unless the information is protected by Rule 1.6.
376 U.S. 254 (1964)Remedies
…that the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies; and that the fitting remedy for evil counsels is good ones. Believing in the power of reason as applied through public discussion, they eschewed silence coerced by lawthe argument of force in its worst form.…
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