Q: legal theories that Not require expert witness testimony
What legal theories presume that expert witness testimony is not required?
Fiduciary duty is such, as well as fraud. What are others?
Given that case is not medical professional negligence.
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A:
In California, there are several legal theories that generally do not require expert witness testimony, apart from medical professional negligence cases. Some of these include:
1. Breach of Contract: In most breach of contract cases, the terms of the contract and the actions of the parties can be understood by a layperson, making expert testimony unnecessary.
2. Fraud: As you mentioned, fraud cases often do not require expert testimony, as the elements of fraud (misrepresentation, knowledge of falsity, intent to deceive, reliance, and resulting damages) can typically be established through lay witness testimony and documentary evidence.
3. Breach of Fiduciary Duty: Similar to fraud, breach of fiduciary duty cases often do not require expert testimony, as the existence of a fiduciary relationship and the alleged breach can be established through lay witness testimony and documentary evidence.
4. Negligence (non-professional): In some negligence cases not involving professional negligence, expert testimony may not be necessary if the standard of care and breach of that standard are within the common understanding of a layperson.
5. Intentional Torts: Many intentional torts, such as battery, assault, false imprisonment, and intentional infliction of emotional distress, do not typically require expert testimony, as the elements can be established through lay witness testimony.
6. Statutory Violations: Cases involving violations of certain statutes, such as the California Labor Code or the California Consumer Legal Remedies Act, may not require expert testimony if the statutory requirements and violations can be understood by a layperson.
However, it is important to note that the need for expert testimony can vary depending on the specific facts and complexities of each case. In some instances, even cases involving these legal theories may benefit from or require expert testimony to establish certain elements or educate the jury on complex issues.
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