SYCR: Opinion Testimony

Question 1

Lay opinion is OK only if . . . (2)

Answer 1

Rationally based on the perception of the witness AND

Helpful to the trier of fact

Question 2

Four basic requirements of expert witness testimony?

Answer 2

Subject matter is appropriate for the expert

Witness must be qualified as an expert

Expert should possess reasonable probability regarding the opinion

Opinion must be supported by a proper factual basis

Question 3

What does it mean for the subject matter of EW testimony to be “appropriate”? General def plus two elements thereof

Answer 3

It must assist the trier of fact (methodology is reliable AND opinion is relevant

Question 4

Facts supporting the experts opinion can be based on which three things?

Answer 4

Facts within the EW’s personal knowledge

Facts supplied to EW in court by the evidence

Facts are the type that experts would rely on in making out-of-court statements.