Lay & Expert Opinions Flashcards
701: Opinion testimony by lay witnesses
elements
1) rationally based on witness’s perception
2) helpful to clearly understanding the witness’s testimony or determining a fact in issue
3) not based on scientific, technical, or other specialized knowledge
definition of “helpful to the jury”
jury is unable to know
helps determine an issue in the case
702: Testimony by Expert Witnesses (4)
elements
1) expert’s knowledge will help the trier of fact to understand the evidence or to determine a fact in issue
2) testimony is based on sufficient facts or data
3) testimony is a product of reliable principles and methods
4) expert has the reliably applied the principles and methods to the facts of the case