Expert Testimony

Question 1

When may expert witnesses testify?

Answer 1

Expert witness qualified by knowledge, skill, experience, training or education may testify in the form of an expert opinion, expert knowledge, sufficient data, reliable principles sand methods

Question 2

What is the Daubert test?

Answer 2

The Daubert test considers when expert testimony is admissible based on:
1. has the theory been tested, and if so, how extensively?
2. is the theory generally accepted in the relevant community
3. has the scientific theory been peer reviewed
4. what is the degree or rate of error
5. does the theory conform with established standards?

Question 3

What is the Frye test?

Answer 3

Minority position that requires a theory to have general acceptance in the scientific community

Question 4

What are the permissible bases for expert opinion testimony?

Answer 4

1. personal knowledge at or before trial
2. facts presented to the expert at trial, including the use of hypothetical questions
   3.Facts presented to the expert outside of court, including reports from others

Question 5

What are the limitations regarding the types of facts that may be presented to expert witnesses outside of court?

Answer 5

Out-of-court facts must be the type of facts that are “reasonably relied upon” by other experts in that particular field

Question 6

Can inadmissible evidence be used by experts as an out-of-court fact?

Answer 6

Yes

Question 7

What is the general rule regarding experts giving opinions on ultimate issues of the case?

Answer 7

Generally an expert may give an opinion or inference that embraces an ultimate issue, but cannot state the opinion as a legal conclusion

Question 8

What are examples of proper expert opinions?

Answer 8

-causes of an accident
-the presence of illness
-death
-whether a produce is unreasonably dangerous or defective
-whether a document is forged or genuine
-whether the D was insane or mentally ill

Question 9

What are impermissible expert opinions

Answer 9

-legal conclusions that P was contributorily negligent
-legal conclusions regarding the content of the law
-conclusions regarding intent

Question 10

What is general rule regarding expert opinion in criminal cases?

Answer 10

In criminal cases an expert may not give an opinion as to whether D did or didn’t possess the mental state or condition that constitutes and element or defense of the crime charged (e.g. can’t say D was insane)