Serving as an Expert Witness

Question 1

What are the 2 types of cases/law?

Answer 1

1. criminal – crimes against the STATE (felony or misdemeanor) in which guilt must be proven beyond a reasonable doubt
2. civil – disputes between PRIVATE CITIZENS, burden of proof is the preponderant of the evidence. penalties are typically monetary

Question 2

Match the following with the correct definition: arrest, arraignment indictment

a. suspect taken into custody with warrant issued by a judge
b. formal accusation in a felony case handed down by a grand jury
c. court appearance in which formal charges are presented to the defendant who then enters a plea.

Answer 2

Arrest: suspect taken into custody with warrant issued by a judge
Indictment: formal accusation in a felony case handed down by a grand jury
Arraignment: court appearance in which formal charges are presented to the defendant who then enters a plea.

Question 3

From the following, which is CLOSED?
a. grand jury
b. preliminary trial
c. trial

Answer 3

a. grand jury

Question 4

What are the possible outcomes for the following:

1. grand jury
2. preliminary trial
3. trial

Answer 4

1. grand jury – indictment or no indictment
2. preliminary trial – probable cause or no probable cause to file charges
3. trial – guilty or not guilty

Question 5

What is the difference between material/fact witness versus expert witness?

Answer 5

material/fact – direct knowledge of events and can only present first-hand knowledge of the case facts

expert – has knowledge in a field beyond that of a lay person and can present opinions.

Question 6

_______ is the threshold determination on whether the witness is competent in the area of expertise that is the same as the subject matter of his/her testimony

Answer 6

voir dire