Opinions & Expert Testimony Flashcards
Lay testimony that partakes an opinion to some extent yet provides a convenient and accurate way to recount an observation of the witness must be assed under…
a flexible approach, measuing the reliability and helpfulness of such proof in each situation presented.
Opinion testimony by a lay witness is allowed if it is…
reasonably based upon the personal experience or observations of the witness and will aid the trier of fact in understanding the witness’ perception.
Lay witnesses may never offfer…
opinions of law.
Expert testimony is allowed if…
scientific, technical, or other specialized knowledge will assist the tier of fact to understand the evidence or to determine a fact in issue.
An expert’s opinion testimony must be…
established with a reasonable degree of probability.
An expert witness may not provide testimony…
that is speculative or which opines on the credibility of another witness.
In a civil trial, expert testimony may be based off of….
information they were provided or that they perceived at or before the trial.
The basis of expert testimony need not be admissible if it is…
of a type normally relied upon by others in the particular field of expertise.
In a criminal case, expert opinion is generally admissible if it is based upon…
facts personally known or observed the the expert, or based upon facts in evidence.
In criminal proceedings, opinion testimony on the ultimate issues of fact is…
not admissible.
While, in civil cases, no witness is permitted to express an opinion which constitutes a conclusion of law, no expert or witness may be prohibited from…
expressing an otherwise admissible opinion or conclusion solely because that fact is the ultimate issue or critical to the resolution of the case.
In civil cases, an experty may testify in terms of opinion or inference and give reasons without…
prior disclosure of the underlying facts or data, unless the court requires otherwise.
In criminal cases, the facts on which an expert may give an opinion must be…
disclosed in the expert’s testimony.
In civil cases, statements contained in published treatises that have been established as a reliably authority may be…
read into evidence, but not received as exhibits.
In criminal cases, where an expert acknowledges in cross-examination that a published work is a standard in the community field, an opposing party may ask…
whether the witness agrees or disagrees with the statements in the work, for impeachment purposes only.
(TRUE/FALSE): Virginia follows the Daubert standard to determine an expert’s qualification to testify as an expert.
FALSE. Virginia has never adopted the Daubert standard.
The Uniform Pretrial Scheduling Order requires a Plaintiff to disclose expert witness and opinions, if requested in discovery….
90 days before trial.
The Uniform Pretrial Scheduling Order requires a Defendant to disclose expert witness and opinions, if requested in discovery….
60 days before trial.
The Uniform Pretrial Scheduling Order requires any rebuttal expert witness and opinions to be dislosed within…
45 days before trial.
In John Crane v. Jones, the Virginia Supreme Court held that an expert disclosure must…
contain the topics on which the expert will testify.
otherwise opinions will be inadmissible.
(TRUE/FALSE): Expert testimony must not be within the range of common expertise.
TRUE.
(TRUE/FALSE): Expert testimony is not admissible if members of the jury are competent to draw their own conclusions.
TRUE.
(TRUE/FALSE): The subject of expert testimony must be related to science, art, or a learned or technical profession.
FALSE. Need not be.
(TRUE/FALSE): An expert need only have sufficient expertise in the field, however obtained, that the expert’s opinon will be of benefit to the jury.
TRUE.
