Chapter 9: Lay Opinions and Expert Witnesses

Question 1

FRE 701: Opinion Testimony By Lay Witnesses

Answer 1

Non-expert testimony in the form of opinion is limited to opinions that are:

1. Rationally based on the witness’s perception.
2. Helpful to understand witness’s testimony
3. Not based on scientific, technical, or specialized knowledge.

Question 2

Rule 702. Testimony by Expert Witnesses

Answer 2

Qualified expert testimony in the form of opinions is admissible if:

a. expert’s specialized knowledge will help trier of fact
b. testimony is based on sufficient data
c. testimony is product of reliable principles and methods
d. expert reliably applied principles and methods to the case

Question 3

Daubert Rule:

Answer 3

Pertinent evidence based on scientifically valid principles will be admissible

Question 4

Daubert Factors:

Answer 4

Judge considers:

1. Whether the method has been tested
2. Whether the theory or technique has been published and subject to peer review
3. consider the error rate

Question 5

General Electric co. v. Joiner

Answer 5

Abuse of discretion is the proper standard of review for evidentiary rulings

Question 6

Kumho Tire Company LTD v. Carmichael

Answer 6

Daubert applies to both scientific and technical testimony. Factors in Daubert are not exhaustive.

Question 7

Rule 703. Bases of an Expert’s Opinion Testimony

Answer 7

An expert witness can be given facts through hearsay evidence

Question 8

Rule 703. Bases of an Expert’s Opinion Testimony

Answer 8

An expert witness may base on opinion on facts that would be inadmissible as courtroom evidence if experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject

Question 9

Rule 703. Bases of an Expert’s Opinion Testimony/ Reverse 403 test

Answer 9

Inadmissible facts relied on by the expert can be disclosed to the jury only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect.

Question 10

Rule 704(a). Opinion on an Ultimate Issue

Answer 10

Permits an opinion by a lay or expert witness on an ultimate issue, so long as the opinion is helpful to the jury.

Question 11

Rule 704(b). Opinion on an Ultimate Issue

Answer 11

Prohibits expert testimony on the ultimate issue where that issue is whether a criminal defendant did or did not have the mens rea that constitutes an element of the crime