§ 5 - Opinion Testimony

Question 1

testimony is either

Answer 1

lay (701) or expert (702)

Question 2

what’s one reason that expert witnesses are great (for the party calling them)

Answer 2

if you can lay a proper foundation you can load up the expert with inadmissible evidence and they can use that evidence to provide their opinion, as 703 allows expert witnesses to rely on inadmissible evidence so long as the facts they’ve been loaded up on are the kind “reasonably relied upon” by experts in that field. moreover, the witness may reveal some of that otherwise inadmissible evidence through their testimony if they believe it would help the jury understand their reasoning (provided the evidence’s prejudicial effect does not substantially outweigh this belief)

Question 3

Daubert

Answer 3

“Gatsby” - GATS-PE. This is the 702 special knowledge requirements upon which an expert opinion must be based. remember: the Judge is the expert testimony gatekeeper. so you don’t need to go through each and every one of these. no objection no problem. (this is what wisconsin uses)

Question 4

ipse dixit

Answer 4

“he said it himself” ie, because i say so. tkk

Question 5

lay witnesses may

Answer 5

701: offer opinions (a) that are based on PK (602) (2) that are helpful and (c) that are not based on SK.

Question 6

in court “hypotheticals”

bonus… consider some objections.

Answer 6

:)

Question 7

Frye

Answer 7

general acceptance, taken from daubert. (old test)

Question 8

treatise exception

Answer 8

we don’t need the expert to testify to the treatise.