Opinion and Expert Testimony

Question 1

Rule 701

Answer 1

Lay witnesses may testify their opinion only if it is rationally based on their perception(personal knowledge) and helpful to the jury. (courts allow a lot of leeway if it is not a guess.)

Question 2

Rule 702 Expert Witnesses

Answer 2

Witness must be qualified from education or experience.
Testimony is based on sufficient facts or data.
Testimony is the product of reliable methods.
Witness APPLIED those methods.

Question 3

Rule 703- proper bases for expert testimony

Answer 3

Personal knowledge
Information learned at trial
Data reasonably relied on in the field

Question 4

Rule 704- Opinion on ultimate issue

Answer 4

Witness can give an opinion on an issue that the jury must resolve.
Limitations: JURY decides mental state.