Whether expert evidence based on or involving various types of logic, mathematics, probability theory, or statistics is sufficiently reliable to satisfy the requirements of Federal Rule of Evidence 702 or comparable State rules for the admissibility of expert evidence

Fed. R. Evid. 801(d)(2)(D) ("A statement is not hearsay if-- (2)Admission by party-opponent. The statement is offered against a party and is ... (D) a statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship").A statement is imputed to a principal or to an employer and is treated as the principal's or employer's vicarious admission (which, like other admissions is exempt from the hearsay rule) if the principal or employer is a party, the statement is offered against the principal or party, the statement is a statement by the party's agent or employee about a matter within the scope of the agent's agency or the employee's employment, and the statement is made during the principal-agent or employer-employee relationship.

In re Winship, 397 U.S. 358, pin? (1970) (the federal constitutional guarantee of due process mandates use of the standard of proof beyond a reasonable doubt in criminal trials).In a criminal trial the government's burden of persuasion is to establish a criminal defendant's guilt beyond a reasonable doubt. This is a federal constitutional requirement that is applicable to the states as well to the federal government.

Fed. R. Evid. 412(a) ("The following evidence is not admissible in any civil or criminal proceeding involving alleged sexual misconduct except as provided in subdivisions (b) and (c): (1) Evidence offered to prove that any alleged victim engaged in other sexual behavior. (2) Evidence offered to prove any alleged victim's sexual...Rape shield laws frequently make it impermissible -- sometimes in trials of civil actions as well as in criminal trials -- to introduce evidence either to show that an alleged victim of sexual wrongdoing engaged in other sexual behavior or to show the alleged victim's sexual predisposition.