Opinion and Expert Testimony

Question 1

Testimony by Lay W’s

Answer 1

Must be rationally based on w’s perception and clearly helpful to understanding or determining a fact in issue.
Scope = VEMPS
Value of your own property, Emotional state of others, Measurements, Physical state, Sensory descriptions.

Question 2

Testimony by Experts

Answer 2

SPOTS

1. proper Subject matter (Daubert TAPES - testability, acceptance in the field, peer review, error rate, standard - general acceptance frye std)
2. proper Person - must have specialized knowledge, skill, experience, training, or education specific to subj matter.
3. proper Opinion - basis is: personal knowledge, facts presented to expert at trial or outside of court.
4. proper Testimony - expressed to a R degree of certainty.

Question 3

May experts give opinion on ultimate issue in the case?

Answer 3

Yes, but it can’t be a legal conclusion.