Opinion

Question 1

Opinion Rule (general)

Answer 1

Jurors dont need a witness to tell them whether in the witness’s opinion the defednant was negligent. COde and rules allow la wtiness to testify in the form of opinion is reationally based on the perception of the witness and is helpful to a clear understanding of the wintess’ testimony.

Question 2

Lay Opinion

Answer 2

FRE 701/CEC 800

• Witness is NOT testifying about scientific, technical, or other specialized knowlege
• helpful to clear an understanding of the testimony or determination of a fact at issue

Question 3

Expert Opinion

Answer 3

FRE 700

• Expert is testifying about scientific, technical or other specialized knowlege
• witness qualifies as an expert by knowlege, skill, experience, training or education
• opinion has to be reliable

Question 4

When an expert can testify in the form of opinion

Answer 4

• W testifies about scientified or other specialized knowledge [701(c)]
• W is qualified [702]
• W will assist fact finder [702(a)]
• Opinion based on sufficient facts and data [702(b)]
• Opinion is the produc of reliable principles and methods [702(c)]
• Applied prinicples and methods reliably to the facts [702(d)]

Question 5

Expert Personal Knowlege

Answer 5

FRE 703

Doesnt have to be based on personal knowlege

inadmissible data-may be disclosed if their provative value susbstantially outweights their prejudicial effect (reverse 403)

Hearsay exception for the expert opinion itestlet; read by the expert to conclude their opinion

Question 6

Expert Testimony about crime

Answer 6

704(b)

Expert can not testify about the mens rea of the crime, legally insane or lacked capacity of being sane

Question 7

Expert: Hypotheticals

Answer 7

Cant be about facts that a party knows can or will not be admitted into evidence

Question 8

Kelly Test

Answer 8

• Principle or method gained general acceptance in the field in which it belongs
  
  • the feiled of expers decides rather than the judge
• Opinino is the result of correct scientific methods/procedures
  
  • if both met- expert may testify

Question 9

California Expert Testimony

Answer 9

• Qualified as an expert
• W would assist trier of fact because subject is sufficiently beyond common expeirence
• opinion predicated on a novel scientific principle or technique
  
  • or
• opinion based on matter that is the type that may be reaosnably relied upon by experts in the field