opinions and experts Flashcards
lay testimony FRE 701
limited to: 1) rationally based on witness’s perception; 2) helpful to clearly understanding the witness’s testimony or to determining a fact in issue; 3) and not based on specialized knowledge w/in scope of 702
includes. if can’t be described factually in words apart from inferences; opinions that can be reduced but gained from inference; sometimes “particularized knowledge” gained from experience at a position in a business
FRE 702 qualified expert may testify if
a) expert’s specialized knowledge will help trier of fact to understand the evidence or to determine a fact in issue; b) the testimony is based on sufficient facts or data; c) the testimony is the product of reliable principles and methods; and d) expert has reliably applied the methods to the facts of the case
703 basis of expert testimony
may base opinion on facts or data in the case that the expert has been made aware of or personally observed.
if experts in the field would reasonably reliy on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for the opinion to be admitted
if the facts or data otherwise inadmissible –> proponent may disclose them to jury only if probative value in helping the jury evaluate the opinion substantially outweighs prejudicial effect
704 opinion on ultimate issue
in general not automatically objectionable just b/c it embraces an ultimate issue (ex. hypotheticals)
EXCEPT in a crim case, expert cannot state opinion about whether D did/not have a mental state or condition that constitutes an element of the charged crime or of a defense
note: The abolition of the ultimate issue rule does not lower the bars so as to admit all opinions. Under Rules 701 and 702, opinions must be helpful to the trier of fact, and Rule 403 provides for exclusion of evidence which wastes time. These provisions afford ample assurances against the admission of opinions which would merely tell the jury what result to reach, somewhat in the manner of the oath-helpers of an earlier day. They also stand ready to exclude opinions phrased in terms of inadequately explored legal criteria. Thus the question, “Did T have capacity to make a will?” would be excluded, while the question, “Did T have sufficient mental capacity to know the nature and extent of his property and the natural objects of his bounty and to formulate a rational scheme of distribution?” would be allowed
705 disclosing facts or data underlying an expert
Unless the court orders otherwise, an expert may state an opinion — and give the reasons for it — without first testifying to the underlying facts or data. But the expert may be required to disclose those facts or data on cross-examination.
