Opinion testimony

Question 1

Lay Witness Testimony NEEDS:

Answer 1

-Rationally based on the witness’s perception
-Helpful
-Not based on specialized knowledge

Question 2

Lay witness testimony is not admissible for:

Answer 2

-Expert matters
-Legal determinations, e.g., agency

Question 3

Expert witnesses: NEED

Answer 3

-Helpful
-Based on sufficient facts or data
-Reliable methods
-Expert witness qualified by special knowledge, skills, experience, training, or education

Question 4

Expert witness data sources

Answer 4

-Expert’s personal knowledge
-Facts made known to the expert of trial
-Facts supplied to the expert outside court that are of a type reasonably relied upon by other experts in the field
-Learned treatise (only read into evidence)

Question 5

Daubert expert reliability factors

Answer 5

TRAP
-Testing of methodology
-Rate of error
-Acceptance in field
-Peer review and publication

Question 6

Judge may not exlude

Answer 6

-Party or party’s designated representative
-Person whose presence is essential
-Person statutorily authorized to be present (e.g., a child advocate)