Short and Happy Guide Chapter 4 - Part 2 (pg. 63)

Question 1

Generally, ______ witnesses testify as to facts and ________ are frequently used to offer opinions.

Answer 1

Lay
Experts

Question 2

A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness’s own testimony. This rule does not apply to a witness’s expert testimony under Rule 703. Which rule?

Answer 2

Rule 602

Question 3

Lay Testimony is testimony that reflects ___________ __________ or __________.

Answer 3

Personal observations or experiences

Question 4

I saw the Honda Civic run the red light. This testimony is based on the _________ __________ of the witness.

Answer 4

Personal observation

Question 5

Jenny told me she ran the red light. Is ___________ _________ and therefore still appropriate under Rule 602. The statement DOES trigger hearsay.

Answer 5

Personal knowledge

Question 6

Put another way, if a witness has knowledge that is not based on speculation or opinion, then the testimony is appropriate under which rule?

Answer 6

Rule 602

Question 7

I think Jenny ran the red light. The “i think” may pose a problem. If the witness is speculating then he would not have __________ ___________.

Answer 7

Personal knowledge

Question 8

Rule 701 does permit lay opinions in certain circumstances. True of False?

Answer 8

True

Question 9

Rule 701 does permit lay opinions in certain circumstances. True of False?

Answer 9

True

Question 10

What rule permits lay opinions in certain circumstances?

Answer 10

Rule 701

Question 11

There are ____ requirements to Rule 701 “Opinion Testimony by Lay Witnesses.”

Answer 11

3

Question 12

The prohibition of Rule 701 is part (c): it requires that opinion testimony by lay witnesses

Answer 12

Not be based on scientific, technical, or other specialized knowledge within the scope of Rule 702.

Question 13

The requirement under Rule 701 is that lay witnesses opinion be rationally based on the witnesses _________________. The rule is intended to permit lay witnesses to give opinions which are logical based on their ____________.

Answer 13

Perception
Perception

Question 14

A lay witness could give her opinion as to the value of her residence? True or False.

Answer 14

True

Question 15

The witness can give her opinion as to the value of someone else’s residence. True or False.

Answer 15

False. It would have to be an expert.

Question 16

A lay witness can value their car. True or False.

Answer 16

True

Question 17

Can a lay witness value another person’s car?

Answer 17

No, it must be an expert.

Question 18

A lay witness could testify as to why something happened as it relates to ___________ ___________.

Answer 18

Themselves personally

Question 19

Example: the lay witness could give her opinion as to why she collided with another vehicle if her opinion is ____________ based on her perceptions.

Answer 19

Rationally

Question 21

The rules do not limit the kinds of things for which a lay witness may offer an __________. Courts have been fairly liberal in permitting testimony if the testimony is “well founded on __________ __________ and subject to __________ ____________.

Answer 21

opinion
personal knowledge
cross examination

Question 22

Assuming the lay opinion is not prohibited by 701(c) and meets the requirements of 701(a), then the testimony must also be helpful to clearly understanding the witnesses _________ or to determining a _______ in _________. under 701(b)

Answer 22

testimony
fact in issue

Question 23

Experts have their very own rules: RULE _____ through ____.

Answer 23

702-705

Question 24

Fundamentally, a testifying expert must satisfy three requirements:
1. ?
2.
3.

Answer 24

1. The expert must be qualified

Question 25

Fundamentally, a testifying expert must satisfy three requirements:
1.
2. ?
3.

Answer 25

2. The expert’s opinion must help the trier of fact; and

Question 26

Fundamentally, a testifying expert must satisfy three requirements:
1.
2.
3. ?

Answer 26

3. The expert’s opinion must have a proper basis

Question 27

Rule 702 provides five different bases, each of which (or any combination of these) may qualify the expert:
1. ?
2.
3.
4.
5.

Answer 27

1. Knowledge

Question 28

Fundamentally, a testifying expert must satisfy three requirements:
1.
2.
3.

Answer 28

1. The expert must be qualified
2. The expert’s opinion must help the trier of fact; and
3. the expert’s opinion must have a proper basis

Question 29

Rule 702 provides five different bases, each of which (or any combination of these) may qualify the expert:
1.
2. ?
3.
4.
5.

Answer 29

2. Skill

Question 30

Rule 702 provides five different bases, each of which (or any combination of these) may qualify the expert:
1.
2.
3. ?
4.
5.

Answer 30

3. Experience

Question 31

Rule 702 provides five different bases, each of which (or any combination of these) may qualify the expert:
1.
2.
3.
4. ?
5.

Answer 31

4. Training

Question 32

Rule 702 provides five different bases, each of which (or any combination of these) may qualify the expert:
1.
2.
3.
4.
5. ?

Answer 32

5. Education

Question 33

Rule 702 provides five different bases, each of which (or any combination of these) may qualify the expert:
1.
2.
3.
4.
5.

Answer 33

1. Knowledge
2. Skill
3. Experience
4. Training
5. Education

Question 34

NOTE: A farmer who has farmed for years would not be less qualified than a vet student with four years of school who has never looked one in the eye. The farmer may be more qualified!!

Answer 34

Yes!

Question 35

One concern that the rule-makers had was that when an expert testifies, a fact-finder (especially a jury) would simply accept an expert’s opinion without using his or her own opinion to help them with their decision. Rule _________ seeks to minimize this concern by permitting an expert to testify only when his or her testimony will _______ the trier of fact to ___________ the evidence or to _________ a fact in issue.

Answer 35

702(a)

Help
Understand
Determine

Question 36

An expert could testify that Defendant’s blood was found on the murder weapon. Testimony as to blood on the murder weapon would, potentially, aid the fact-finder in ____________ ________.

Answer 36

Determining guilt

Question 37

The Expert’s Opinion must have a proper basis.
The next requirement is encompassed in the last three parts of the rule. The Rule requires that the expert’s testimony be:
1. ?
2.
3.

Answer 37

1. Based on sufficient facts or data 702(b)

Question 38

The Expert’s Opinion must have a proper basis.
The next requirement is encompassed in the last three parts of the rule. The Rule requires that the expert’s testimony be:
1.
2. ?
3.

Answer 38

2. The product of reliable principles and methods. 702(c)

Question 39

The Expert’s Opinion must have a proper basis.
The next requirement is encompassed in the last three parts of the rule. The Rule requires that the expert’s testimony be:
1.
2.
3. ?

Answer 39

Based on principles and methods that the expert reliably applied to the facts of the case. 702(d)

Question 40

Sufficient Facts or Data Rule 702(b)

Unlike a lay witness (who must have personal knowledge), an expert may gain facts from multiple sources. These include:
1. ?
2.
3.

Answer 40

1. Facts the expert personally observed Rule 703

Question 41

Sufficient Facts or Data Rule 702(b)

Unlike a lay witness (who must have personal knowledge), an expert may gain facts from multiple sources. These include:
1.
2. ?
3.

Answer 41

2. Facts obtained outside of court if (and only if) such facts are the kinds of facts which are reasonably relied upon by experts in his or her particular field. Rule 703

Question 42

Sufficient Facts or Data Rule 702(b)

Unlike a lay witness (who must have personal knowledge), an expert may gain facts from multiple sources. These include:
1.
2.
3. ?

Answer 42

3. Facts learned at trial

Question 43

If the expert has conducted a test, or observed the scene and came to a conclusion, or any circumstance where the expert has personally observed the facts, then the expert may testify accordingly. What does this refer to?

Answer 43

Facts the Expert personally observed. Rule 703

Question 44

The expert may obtain facts outside of the courtroom from virtually any source. This may include reviewing documents or interviewing witnesses or other people with knowledge. If you are thinking does this mean that the expert could consider hearsay or the expert might review inadmisible evidence? The answer is _______. And Rule ____ permits it. The only catch is that the facts must be the kinds of facts which are reasonably relied upon by experts in his or her particular field.

Answer 44

Yes
703

Question 45

Facts learned at ______ can come from the expert merely sitting in the courtroom and listening to, and observing, the evidence. It could also come from the expert sitting on the stand and being fed additional facts either directly or, if appropriate, in the form of a hypothetical.

Answer 45

Trial

Question 46

Reliable principles and methods. What rule?

Answer 46

702(c)

Question 47

Reliable Principles and Methods. This one can be tricky. After all, What’s reliable? What is, or is not, reliable is, in truth, up to the ________. In one, now infamous case the court set out factors for establishing reliability.

Answer 47

Judge

Question 48

Daubert set forth a non-exclusive checklist for trial courts to use in assessing the reliability of scientific expert testimony. The specific factors explicated by the Daubert Court are
1. ?
2.
3.
4.
5.

Answer 48

1. Whether the expert’s technique or theory can be or has been tested - that is whether the expert’s theory can be challenged in some objective sense or whether it is instead simply a subjective, conclusions approach that cannot reasonably be asserted for reliability

Question 49

Daubert set forth a non-exclusive checklist for trial courts to use in assessing the reliability of scientific expert testimony. The specific factors explicated by the Daubert Court are
1.
2. ?
3.
4.
5.

Answer 49

2. Whether the technique or theory has been subject to peer review and publication

Question 50

Daubert set forth a non-exclusive checklist for trial courts to use in assessing the reliability of scientific expert testimony. The specific factors explicated by the Daubert Court are
1.
2.
3. ?
4.
5.

Answer 50

3. the known or potential rate of error of the technique or theory when applied

Question 51

Daubert set forth a non-exclusive checklist for trial courts to use in assessing the reliability of scientific expert testimony. The specific factors explicated by the Daubert Court are
1.
2.
3.
4. ?
5.

Answer 51

4. The existence and maintenance of standards and controls and

Question 52

Daubert set forth a non-exclusive checklist for trial courts to use in assessing the reliability of scientific expert testimony. The specific factors explicated by the Daubert Court are
1.
2.
3.
4.
5. ?

Answer 52

5. Whether the technique or theory has been generally accepted in the scientific community

Question 53

The Daubert factors might also be applicable in assessing the reliability of non-scientific expert testimony, depending upon the particular circumstances of the particular case at issue. True or False

Answer 53

True

Question 54

The Daubert factors, unfortunately, resulted from scientific testimony which, when it comes to expert witnesses, can be fairly narrow. After all, ow would these standards apply to _____ ______ like psychology or sociology? The short answer is that courts have permitted expert testimony that concern soft sciences. The Supreme Court has held that the test of reliability is flexible and Daubert’s list of specific factors neither necessarily nor exclusively applies to all experts or in every case.

Answer 54

Soft sciences

Question 55

Reliably Applied to the Facts of the Case. What rule?

Answer 55

702(d)

Question 56

If the _____ purports to apply principles and methods to the facts of the case, it is important that this application be conducted reliably. Yet it might also be important in some cases for an _______ to educate the fact finder about general principles, without ever attempting to apply these principles to the specific facts of the case.

Answer 56

Expert
Expert

Question 57

If the expert relies on ___________ evidence, then rule 703 prohibits the expert from disclosing the ________ evidence to the jury unless its probation value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect.

Answer 57

Inadmissible

Inadmissible

Question 58

There was a time when witnesses could not express their opinions on the ultimate issue. That is, the issue or issues to be _________ by the ______ _.

Answer 58

Decided
Fact-finder

Question 59

The Advisory Committee for the Federal Rules found that the rule was unduly restrictive, difficult of application, and generally served only to deprive the trier of fact of useful information. What rule?

Answer 59

Rule 704. Opinion on the Ultimate Issue

Question 60

The basic approach to opinions, lay and expert, in these rules is to admit them when helpful to the trier of fact. In order to render this approach fully effective and to allay any doubt on the subject, the so-called “unlimited issue” rule is specifically abolished by the instant rule. !!

Answer 60

!!

Question 61

Now, with the exception of criminal cases as set out in 704(b), opinions as to the ____ _______ are acceptable if helpful to the fact-finder.

Answer 61

Ultimate issue