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Rule 702. Testimony by Expert Witnesses

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:

(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;

(b) the testimony is based on sufficient facts or data;

(c) the testimony is the product of reliable principles and methods; and

(d) the expert has reliably applied the principles and methods to the facts of the case.

https://www.law.cornell.edu/rules/fre/rule_702

UNITED STATES of America, Plaintiff-Appellant, v. Kun Yun JHO, Overseas Shipholding Group, Inc., Defendants-Appellees No. 06-41749. United States Court of Appeals, Fifth Circuit

SOUTHWORTH MACHINER CO., INC., Plaintiff, Appellee v. F/V COREY PRIDE, et al., Defendants, Appellees, All Trawl, Inc. and Robert Anderson, Defendants, Appellants

The Propeller Genesee Chief, 53 U.S. 443 (1851)

https://supreme.justia.com/cases/federal/us/53/443/

Republican Form of Government No legal fictions

Doctrine of necessity

The doctrine of necessity is a term used to describe the basis on which extraconstitutional actions by administrative authority, which are designed to restore order or attain power on the pretext of stability, are found to be constitutional even if such an action would normally be deemed to be in contravention to established norms or conventions. It also includes the ability of a private person to violate a law without punishment where the violation of law was necessary to prevent even worse harm. The maxim on which the doctrine is based originated in the writings of the medieval jurist Henry de Bracton, and similar justifications for this kind of extra-legal action have been advanced by more recent legal authorities, including William Blackstone.

In modern times, the doctrine was first used in a controversial 1954 judgment in which Pakistani Chief Justice Muhammad Munir validated the extra-constitutional use of emergency powers by Governor General, Ghulam Mohammad.^[1] In his judgment, the Chief Justice cited Bracton’s maxim, ‘that which is otherwise not lawful is made lawful by necessity’, thereby providing the label that would come to be attached to the judgment and the doctrine that it was establishing.

The doctrine of necessity has since been applied in a number of Commonwealth countries, and in 2010 was invoked to justify extra-legal actions in Nigeria.

https://en.wikipedia.org/wiki/Doctrine_of_necessity