Other

Question 1

Preliminary Questions

Answer 1

(1) A court must decide any preliminary questions as to whether:
(a) A witness is qualified;
(b) A privilege exists; or
(c) Evidence is admissible;
(2) By applying a preponderance of the evidence standard;
(3) In so deciding, the court is not bound by the rules of evidence, except those on privilege.

Question 2

Conditional Relevance

Answer 2

For evidence depending on a fact’s existence, the court must determine that a reasonable jury, based on a preponderance of the evidence, will find:

(1) There is sufficient supporting evidence;
(2) That the fact actually exists.

Question 3

Lay Witnesses

Answer 3

Testifying non-expert’s are limited to opinions:

(1) Rationally based on witness’ perception;
(2) Helpful to understand their testimony or fact at issue; and
(3) Not based on scientific, technical, or other specialized knowledge.

Question 4

Expert Witnesses

Answer 4

(1) The expert witness must be qualified;
(2) Their knowledge must help the jury;
(3) Their opinion must be based on sufficient facts and data;
(4) Their opinion must be the product of reliable principles and methods; and
(5) The expert must have reliably applied these principles and methods to the facts of this specific case.

Question 5

Expert Witnesses:

Sufficient Factual Basis

Answer 5

An expert witness’s opinion has a sufficient factual basis when:

(1) Personally observed;
(2) Made aware of at proceeding;
(3) Made aware of before proceeding;
(4) From learned treatises or medical statements.

Question 6

Expert Witnesses:

Reliable Principles & Methods

Answer 6

(1) “Generally Accepted” Test

OR

(2) Daubert Factors Test

Question 7

Daubert Factors

Answer 7

(1) Has/can be tested;
(2) Subjected to peer review and publication;
(3) Known/potential rate of error;
(4) There are standards of operation;
(5) Was not prepared primarily for litigation.

Question 8

Authentication

Answer 8

Proponent must produce sufficient evidence to prove the evidence is what they say it is.

Originals

Includes essentially identical duplicates, unless genuine question of original’s authenticity

Authenticating:

(1) Witness with knowledge
(2) Chain of custody

Question 9

Major Privileges

Answer 9

(1) Attorney-Client;
(2) Therapist-Patient;
(3) Spousal; and
(4) Doctor-Patient.

Question 10

Federal Court Law of Privileges:

Federal Criminal Cases

Answer 10

Federal Common Law

Question 11

Federal Court Law of Privileges:

Civil Cases with Federal Question

Answer 11

Federal Common Law

Question 12

Federal Court Law of Privileges:

State Law Claim in Federal Court

Answer 12

Applicable State Law