Lecture 7. Article VII. Testimony

Question 1

What is required for a witness to testify as an eyewitness?

Answer 1

They must have personal knowledge of the facts.

Question 2

What is the difference between a fact and an opinion?

Answer 2

A fact is based on personal observation, while an opinion includes impressions or judgments, often hard to distinguish from facts.

Question 2

What are the four criteria for admissible expert testimony under Rule 702?

Answer 2

(a) The testimony helps the trier of fact understand evidence or determine facts.
(b) It is based on sufficient facts or data.
(c) It is the product of reliable principles and methods.
(d) The expert reliably applies those methods to the facts.

Question 2

What is testimony?

Answer 2

Evidence given under oath about what the witness has experienced.

Question 2

When can a lay witness give opinion testimony?

Answer 2

If it is:
(a) Rationally based on the witness’s perception,
(b) Helpful to understanding their testimony or determining a fact, and
(c) Not based on scientific, technical, or specialized knowledge.

Question 2

What does Rule 701 prohibit?

Answer 2

Lay witnesses from giving opinions based on scientific, technical, or other specialized knowledge.

Question 2

What qualifies someone as an expert witness under Rule 702?

Answer 2

Knowledge, skill, experience, training, or education.

Question 3

What does being a “lay person” mean in this context?

Answer 3

Someone who is not an expert in the subject matter being discussed.

Question 3

What is the “gatekeeping function” of the judge under Rule 702?

Answer 3

To decide if the expert’s testimony is reliable and admissible.

Question 3

Why was the Daubert Test introduced?

Answer 3

To address the explosion of scientific theories and provide more robust guidelines for admitting expert testimony.

Question 3

What case introduced the Daubert Test?

Answer 3

Daubert v. Merrill Dow Pharmaceuticals (1993).

Question 3

What is the Frye Test?

Answer 3

Requires scientific evidence to be generally accepted in its field.

Question 4

What are the criteria of the Daubert Test?

Answer 4

• Testability (falsifiability).
• Peer review.
• Known or potential rate of error.
• Standards followed.
• General acceptance in the field.

Question 5

Can inadmissible data be used to form an expert’s opinion?

Answer 5

Yes, but it can only be disclosed to the jury if its probative value outweighs its prejudicial effect.

Question 6

How was the Daubert Test clarified in Kumho Tire Co. v. Carmichael (1999)?

Answer 6

It applied the principles to all forms of specialized knowledge, not just scientific knowledge.

Question 6

What can an expert base their opinion on?

Answer 6

Facts or data they have personally observed or been made aware of, as long as experts in their field reasonably rely on those facts or data.

Question 7

Can an expert give an opinion on the ultimate issue?

Answer 7

Yes, except in criminal cases where they cannot opine on the defendant’s mental state related to elements of the crime or defense.

Question 7

Does an expert need to disclose underlying facts or data before giving an opinion?

Answer 7

No, unless required during cross-examination or ordered by the court.

Question 8

How is compensation for court-appointed experts handled?

Answer 8

It is determined by the court and paid by the parties or from legal funds.

Question 8

How are court-appointed experts selected?

Answer 8

The court may appoint experts with consent from the parties or of its own choosing.

Question 8

What are the duties of court-appointed experts?

Answer 8

• Advise parties of findings.
• Be deposed by any party.
• Testify if called.
• Be cross-examined.

Question 9

Name examples of admissible expert evidence.

Answer 9

Ballistics, DNA analysis, handwriting analysis, and medical testimony.

Question 9

Name examples of inadmissible expert evidence.

Answer 9

Lie detector tests, truth serum, hypnosis, and voiceprints.