Opinions and Expert Testimony

Question 1

Lay Testimony

Answer 1

Rationally based on witness’ perception, helpful to understanding the testimony or fact in issue, not based on scientific, technical or specialized knowledge

Speed, physical states, emotions of others, value of one’s own land and testator’s sanity

Question 2

Expert Witnesses

Answer 2

Qualified by knowledge, skill, experience, training, or education, which will help trier of fact understand evidence, and testimony is based on sufficient facts or data, is the product of reliable methods, and the expert has applied such methods to the facts

Question 3

How to Quality Experts

Answer 3

Daubert - Has the methodology been tested, are there known error rates, has the methodology been generally accepted, has the methodology been subject to peer review

Question 4

Bases for Expert Opinion

Answer 4

Can base on inadmissible facts if they would be reasonably relied on by experts in that field, and such facts could be given to the jury to better help with understanding if their probative value substantially outweighs prejudice. Experts do not have to disclose the facts serving as bases but could be required on cross

Cannot testify to criminal defendant’s mental state, though they can do so on ultimate issue in the case

Question 5

Court Appointed Experts

Answer 5

Court can only appoint an expert who consents, will inform the expert of his duties. The expert must advise parties of the findings, may be deposed, may be called to testify, may be cross examined

Compensated under 5th Amendment just compensation for criminal and from parties in civil

Question 6

Common Law v. FRE

Answer 6

Experts must disclose the facts, which must be admissible. No opinions are allowed, and no inquiry regarding publications unless writing was referred to at trial, the expert wrote it or it was admitted into evidence; otherwise can be used to impeach