5. Opinions and Expert Testimony Flashcards
What is Rule 701?
Rule 701 permits a non-expert to offer opinion testimony if:
- It is based on their own observations
- It helps clarify their testimony or resolve a fact in question
- It does not involve specialized knowledge as defined in Rule 702
What is the scope of non-expert/lay witness opinion testimony under Rule 701?
The proper scope includes:
* V: Value of one’s own property
* E: Emotional state of others
* M: Measurements
* P: Physical states
* S: Sensory descriptions
Are legal conclusions allowed by non-expert/lay witnesses under Rule 701?
No, legal conclusions must be avoided and are inadmissible.
What is Rule 702?
Under Rule 702, a witness qualified as an expert may testify if:
1. Their specialized knowledge helps the jury
2. The testimony is based on sufficient facts or data
3. The testimony is the product of reliable principles and methods
4. The expert has reliably applied these principles to the facts of the case.
What is the Daubert Test under Rule 702?
The Daubert Test assesses the reliability of scientific evidence by asking:
* T: Has the methodology been tested?
* A: General acceptance in the relevant community?
* P: Subject to peer review?
* E: Known rates of error?
* S: Standards?
What is the Frye Test under Rule 702?
The Frye test requires general acceptance of the test in the scientific community.
What is Rule 703?
Under Rule 703, an expert may base their opinion on:
1. Personal knowledge
2. Facts presented at trial
3. Facts presented outside of court
What is the Reasonable Reliance Rule under Rule 703?
Out-of-court facts must be of the type ‘reasonably relied upon’ by other experts in the particular field.
What is the Balancing Test for Admission of Underlying Data Under Rule 703?
Underlying data that is otherwise inadmissible cannot be revealed unless the probative value substantially outweighs its prejudicial effect.
This test balances the need for evidence against potential harm.
What standard is used for admitting or excluding Scientific Expert Testimony?
Abuse of discretion standard.
What is Rule 704(a)?
Under Rule 704(a), an expert may give an opinion on an ultimate issue but cannot state it as a legal conclusion. \
What are examples of permissible opinions under Rule 704(a)?
Examples include:
1. Cause of accident, illness, death
2. Product defectiveness
3. Document authenticity
4. Defendant’s mental state
5. Standard of care in malpractice
What are examples of impermissible opinions under Rule 704(a)?
Examples include:
1. Legal conclusion on contributory negligence
2. Legal conclusions regarding intent
What is Rule 704(b)?
Under Rule 704(b), an expert may not give an opinion on whether the defendant possessed a mental state constituting an element of the crime charged.
What is an exception where an expert may offer an opinion on a mental state under Rule 704(b)?
An expert may offer an opinion on whether the defendant who pled not guilty by reason of insanity was insane.
What is Rule 705?
Under Rule 705, an expert may state an opinion and give reasons but may be required to disclose underlying facts on cross-examination.
Can experts be cross-examined under Rule 705?
Yes, experts may be cross-examined on:
1. Qualifications
2. Subject matter and basis of an opinion
3. Compensation
What is Rule 706?
Under Rule 706, the court may appoint expert witnesses at its own discretion or at the request of either party.
What must an appointed expert witness do under Rule 706?
An appointed expert must advise the parties of their findings and submit to a deposition request.
