Quiz 2 (Evidentiary Rules About Expert Testimony) Flashcards
What makes something “expert?”
The nature of the testimony given, not the identity of the person testifying.
Therefore, the same person can provide both lay and expert testimony (both lay witness and expert witness).
What is lay testimony?
Ordinary testimony
Lay testimony is something that relates information about what the witness perceived (sight, sound, smell, touch, and taste)
FRE 602 Requires what?
That persons giving non-expert testimony - i.e. lay testimony - only testify on the basis of their PERSONAL KNOWLEDGE of the matter
What is the difference between expert testimony and lay testimony?
According to FRE 702, expert testimony involves a witness’s use of scientific, technical, or other specialized knowledge to interpret information that was sensorily perceived.
therefore, if someone is testifying solely about their sensory perceptions, then they are providing lay testimony
What makes it expert is if their testimony is based on the use of specialized knowledge to interpret sensory perceptions.
In simple terms, lay testimony is what?
Something that results from a process of reasoning familiar in everyday life
Expert opinion testimony, in simple terms, is what?
Testimony resulting from the process of reasoning which can be mastered only by specialists in the field
So who can give expert testimony?
FRE 702 provides that a witness’s expertise may be acquired through…..
Knowledge
Skill
Experience
Training
Education
On what information can the expert base their testimony?
FRE 703 says that experts may rely on facts and data from four sources:
- firsthand observation (treating physician etc.)
- information provided prior to trial
- information provided during trial through asking the expert hypothetical questions
- information provided during trial by having the expert attend other parts of the trial and hear the testimony establishing the facts.
Can an expert rely on inadmissible hearsay evidence?
Yes
Under what rule are experts not limited to using only admissible evidence?
FRE 703 permits experts to rely on otherwise inadmissible evidence if
…
experts in that particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject.
The Opponent’s ability to disclose
FRE 705 provides that the opponent may ask the expert on cross-examination to disclose to the jury the facts and data that the expert used in their analysis
What are the restrictions on the proponent?
The basic rule is that the party offering expert testimony is free to have its experts disclose to the jury any ADMISSIBLE facts or data that the expert relied on in reaching their conclusions.
Nothing in the Federal Rules requires the party to decide what it wants the jury to hear from its expert.
FRE 705 provides that the party offering the expert testimony can choose to simply have expert testifying about the underlying data.
However, while a party is able to choose to only have the expert testify as to the conclusions, They will still have the experts explain
FRE 703 provides that if an expert relied on inadmissible evidence, the party offering that expert testimony generally may not disclose this INADMISSIBLE evidence to the jury
What/ who is the proponent?
the party offering the evidence
Also called the proffering party
What/ who is the opponent?
The party who is NOT offering the evidence
FRE 703
Permits experts to rely on otherwise
INADMISSIBLE evidence IF
experts in that particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject
IF the expert has relied on INADMISSIBLE evidence, the party offering that expert testimony generally may not disclose this inadmissible evidence to the jury
HOWEVER, the trial judge is permitted to grant the offering party permission to disclose such inadmissible evidence to the jury if the probative value of that inadmissible evidence substantially outweighs its prejudicial effect (this weighing test is structured against allowing the jury to hear the inadmissible evidence)
