5) Opinion + Expert Tmony

Question 1

opinion tmony by lay wit R 701

Answer 1

must be rationally based on perception

+ personal knowledge (percipient)

Question 2

scope of nonexpert tmony: mnemonic

Answer 2

VEMPSS

Question 3

scope of nonexpert tmony: list

Answer 3

1) Value of own land
2) Emotional state of others
3) Measurability (speed of vehicle, ht/wt/distance)
4) Physical states (drunk?)
5) Sensory descriptions
6) Sanity of testator

Question 4

scope of nonexpert tmony: inappropriate

Answer 4

legal conclusions

inc: schizophrenic, alcoholic, addict, sociopath

Question 5

702: expert must be

Answer 5

1) qualified
2) relevant
3) reliable

Question 6

expert: qualified

Answer 6

must have special skill, knowledge, edu, experience, training

Question 7

expert: relevant

Answer 7

subject matter must be appropriate, opinion must be helpful/relevant to assist jury

Question 8

expert: reliable: ways to get it in

Answer 8

other expert testimony
by stipulation (polygraph)
by judicial notice

Question 9

battered wife syndrome

Answer 9

ok

Question 10

expert: reliable: test

Answer 10

Daubert! NOT Frye

Question 11

expert: reliable: Daubert test: mnemonic

Answer 11

TAPES

Question 12

expert: reliable: Daubert test: factors

Answer 12

1) Tested (has it been? how extensively?)
2) Acceptance (generally accepted in relevant com?
3) Peer review
4) Error (rate of)
5) Standards

Question 13

expert: reliable: Frye test

Answer 13

MINORITY! general acceptance in the scientific com

Question 14

basis of expert opinion tmony 703

Answer 14

1) personal knowledge at or before tiral
2) hypothetical qs – facts given to expert at trial
3) facts given to expert before trial

Question 15

basis of expert opinion tmony 703: what facts can expert rely on?

Answer 15

reasonable reliance rule – must be of type reasonably relied on by other experts in the field

Question 16

basis of expert opinion tmony 703: when must disclose

Answer 16

balancing test – if underlying data otherwise inadmissible at trial, cannot reveal UNLESS proponent shows that probative value substantially outweighs prejudicial effect (inverse of 403(b)–usu not admissible)

dnn testify to underlying facts, but may be required to on cross

Question 17

experts + ultimate issues: 704

Answer 17

generally expert may give an opinion which embraces an ultimate issue (often in teh facts-applied ko way)

Question 18

experts + ultimate issues: 704: exceptions

Answer 18

1) a true legal conclusion “P was contributorily negligent”

2) D’s intent

Question 19

experts + ultimate issues: 704(b): crim D

Answer 19

expert may not give opinion re whether D did or did not possess mental state which constitutes element or defense of crime charged – is ultimate issue, for jury

Question 20

court-appointed experts 706

Answer 20

court may appoint

• -must advise parties of findings, allow either party to depose
• -may be called to testify