Lay Opinions & Expert Testimony

Question 1

Lay Opinions - FRE 701

Answer 1

(1) Rationally related to W’s perception

(2) Helpful to clearly understand the W’s testimony, or determination of a fact

(3) Not based on scientific, technical, or other specialized knowledge (in the scope of 702)

Question 2

Broad Categories of Accepted Layman’s Opinions

Answer 2

(1) Inferences that resist reduction to fundamental “facts”

(2) Opinions that can be reduced to more fundamental facts bit still gain from the inference

Question 3

Expert Testimony & Opinions – FRE 702:

Answer 3

W qualified by knowledge, skill, experience, training, or education may testify w/ an opinion if demonstrate that it is more likely than not that . . .

(1) Their scientific, technical, or other specialized knowledge will help the trier of fact understand the evidence or make a determination

(2) Testimony is based on sufficient facts or data

(3) Testimony is the product of reliable principles and methods

(4) The opinion reflects a reliable application of the principles and methods of the facts of the case

Question 4

Matters of Common Knowledge

Answer 4

Whether the untrained layman would be qualified to determine intelligently and to the best possible degree the particular issue without the enlightenment of a person with specialized knowledge

Question 5

Frye Standard (Expert Reliability)

Answer 5

Frye Doctrine (only in some states): tests that are not yet generally recognized or accepted may not be relied upon for expert testimony

Question 6

Daubert Standard (Expert Reliability)

Answer 6

(1) Whether the methods used are scientifically valid
(a) Whether it has been published and is subject to peer review
(b) Whether it has actually been tested
(c) Whether there is a known or potential rate of error regarding the maintenance of standards and controls
(d) Whether it is/has been generally accepted
(2) Whether it can be properly applied to the case at issue

Question 7

Proper Bases For Expert Testimony - FRE 703

Answer 7

(1) Personally observed facts or data
(2) Facts and data which they were made aware of at trial
(3) The evidence they are made aware of before the hearing

Question 8

Eyewitness ID Testimony

Answer 8

• Consider FRE 403 analysis
  Importance of the ID
  Confusion of the issues
  Potential waste of time