Opinion Testimony Flashcards
FRE condifies Daubert and says that EW testimony is OK if
1) testimony is based on sufficient facts or data
2) the testimony is the product of reliable principles and methods; and
3) the witness has applied the principles and methods reliable to the case.
Has PA adopted this standard?
no
PA has not adopted the DAUBERT reliability test for EW. Instead, it applies the ____ Test
FRYE
Under FRYE, the question is not the reliability of an expert’s methodology, but the ____ _____ of the methodology.
General acceptance
Under FRYE’s “general acceptance” test, PA does not allow expert testimony on these three things
False confessions
Revived memories
Lie detectors
Does PA allow EW testimony on battered child/spouse syndrome?
Yes
Does PA allow EW testimony on eyewitness ID?
Yes
Does PA allow EW testimony on product/design defect?
Yes
Does PA allow EW testimony on professional negligence/malpractice?
Yes
Does PA allow EW testimony on responses and behaviors of victims of sexual assault?
Yes
Does PA allow EW testimony on false confessions?
No
Does PA allow EW testimony on revived memories?
No
PARE requires that an EW posses “knowledge beyond that possessed by the average layperson.” However, PA courts and comments to the Rule refer to a ____ ____
Reasonable pretension
Pretension = a claim or the assertion of a claim to something.
In med mal cases, what must be true of EWs?
They must be the same speciality as the D
Facts supporting an expert’s opinion must be either (3)
Facts within the EW’s personal knowledge
Facts established by the evidence; or
Facts of a type on which experts in that field would reasonably rely.
In PA, can an expert witness simply endorse the report and opinion of a non-qualifying expert?
no
Does FRE require that an EW disclose the basis of his opinion? Does PARE?
No
Yes
Doctor Witness, an ortho, testifies that she read the report of Doctor non-witness and she agrees with his conclusions. OK?
No. In PA, an expert witness cannot simply endorse the report and opinion of a non-qualifying expert
How does the FRE and PARE differ with respect to learned treatises?
In FRE, they can be read into the record and came come in for their truth.
In PARE, no H/S adopted. The treatise may form part of an expert’s basis and can be used to impeach, but it is NOT admissible substantively.
Under FRE, a prior out-of-court statement of ID that was made by a witness who testifies at trial is excluded from the definition of HS and may be admitted.
In PA, how is the rule augmented?
It extends to ID of either persons OR things AND the witness must testify to making the prior ID.
Victor is mugged. Shortly thereafter, V, in the presence of Cop, picks D out of a lineup. Six months later at trial, Victor makes an in-court ID of D as the mugger. May Victor also testify that he picked D out of the lineup six months ago?
Yes, in both Fed and PA
Victor is mugged. Shortly thereafter, V, in the presence of Cop, picks D out of a lineup. Six months later at trial, Victor testifies but does not testify to the prior ID. May Cop testify that V picked D out of the lineup six months ago in Fed Ct? In PA? Explain
In Fed Ct, yes
In PA, NO. Prior ID of a witness is admissible only if that witness testifies to the prior ID. Third party cannot do it for him.
What is the PARE rule on impeaching your adversary;;s witness?
Any evidence relevant to the issue of impeachment OK UNLESS prohibited by statute or the Rules.
What are the five basic impeachment techniques?
PIS
Bias, motive, interest
Prior Convictions
Prior bad acts
Bad rep. for truth and veracity
PIS Bias, motive, interest Prior Convictions Prior bad acts Bad rep. for truth and veracity
These are the five basic impeachment techniques. State whether PA is the same or whether it varies from the Fed Rules.
PIS (vary)
Bias, motive, interest (same)
Prior Convictions (vary)
Prior bad acts (vary)
Bad rep. for truth and veracity (vary)
