Lay Witness/ Expert Witness Flashcards

1
Q

701

A

Lay Witness Testimony

1) Rationally based on witness’s perception
2) Helpful to the jury as to material fact
3) NOT based on “specialized knowledge”

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2
Q

701

Rationally based on the perception of the witness

A
  • Rationally based on the perception of the witness
  • Witness must have PERSONAL KNOWLEDGE per FRE 602
  • the opinion is one that a REASONABLE PERSON could draw from the underlying facts
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3
Q

701

  • Helpful to the jury as to fact in issue
A
  • Helpful to the jury as to fact in issue
  • The jurors could NOT have otherwise judged the matter for themselves
  • The opinion adds RELEVANT INFORMATION to the case
  • The more RELEVANT the FACT the more DETAILED the testimony
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4
Q

When are lay opinions objectable?

A

only opinions that are framed as conclusions and amount to TAKING SIDES are categorically objectionable

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5
Q

Examples under 701

A

1) Appearance of persons or things
- How did he look?
2) Identity
- Who was he?
3) Manner of conduct
- What was he doing?
(ex: degrees of light or darkness,

sound, size, weight, distance,

Mood, demeanor, emotion.

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6
Q

701 “Particularized Knowledge”

A

A lay witness may testify based on the “particularlized knowledge that the witness ha by viture of his or her position in [ a field of employment]

  • For examples, a business owner may testify to the projected profits of the business “without qualifying [her as an expert in accounting]
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7
Q

Do courts allow lay witness with drugs?

A

Courts [permit] lay witnesses to testify that a substance appear[s] to be a narcotic, so long as a foundation of familiarity with the substance is established. [It] is based on personal rather than specialized knowledge.

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8
Q

702

A

Expert Testimony

1) Witness must be QUALIFIED
2) Testimony must HELP JURORS
3) Adequate FACTUAL BASIS
4) RELIABLE PRINCIPLES + RELIABLE APPLICATION of principles to facts
5) FRE 403 test is satisfied

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9
Q

Standard of Review Courts use for Expert Testimony

A

ABUSE OF DISCRETION

  • it is rare that an appellate court deems a trial court to have abused its discretion on the issue
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10
Q

702 Proper Qualifications

A

The witness must be qualified as an expert by knowledge, skill, experience, training, or education

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11
Q

Can an expert witness under 702 only be qualified by education?

A

NO

  • under 702, expertise may be obtained by experience as well from formal training or education
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12
Q

702 Helpful to the Jury

A
  • The expert’s testimony must concern a topic that EXCEEDS THE KNOWLEDGE OR EXPERIENCE OF THE JURORS- as long as that topic does not encroach upon the court’s role as to the law
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13
Q

does 702 allow an expert witness to form an opinion on the defendants mental state?

A

NO

FRE 704(b) prohibits an expert witness from stating an opinion about whether the defendant POSSESSED OR LACKED A MENTAL STATE that is an element of the crime

  • in other words the expert cannot “tell the jury what result to reach”
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14
Q

Can expert witnesses under 702 evaluate another witness’ credibility

A

NO

  • The primary reason to bar expert opinions of credibility is that jurors are “fully equipped by their common sense and daily experience to detect the lies of in-court witnesses.”
  • Thus, an expert’s opinion does not “help jurors.”
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15
Q

702 Sufficient Factual Basis

Not really worried about for exam

A
  • The expert must have a factual basis for the opinion
  • Facts or data that the expert has personally observed.
  • Facts or data that the expert has been made aware of [at or before the hearing].
  • If otherwise inadmissible, facts experts in the field would “reasonably rely on.”

PS: not really worried about on exam

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16
Q

702 Reliable Methods

Not worried about for exam

A

The expert’s testimony must be the product of reliable principles and methods and reliably applied to the facts of the case.

PS: Not worried about for exam

17
Q

702

403 Test

A
  • The probative value of the testimony must not be substantially outweighed by a 403 factor- likely a risk of confusing or misleading the jury
18
Q

Do jurors have to believe expert witness?

A

No

  • The introduction of testimony from an expert witness DOES NOT FORECLOSE THE ISSUE from consideration by the jury, which may reject the testimony.
  • When 2 conflicting opinions are offered, the disputed issue should be GIVEN TO THE JURY for consideration