Testimony

Question 1

Evidence

Who can testify?

Answer 1

1) personal knowledge
2) present recollection
3) communications
4) sincere

Question 2

Opinion testimony

Lay opinion

Answer 2

1) rational belief
2) witness perception
3) helpful to the trier of fact
4) not sci or special knowledge

Question 3

Opinion Testimony

Expert Opinion

Answer 3

1) HELPFUL to Jury
2) Must be QUALIFIED
3) Must believe in Opinion to be REASONABLE
4) Opinion must be SUPPORTED by FACTS
5) must be based on RELIABLE PRINCIPALS that were reliably applied.

Question 4

Expert Opinion

Opinion Evidence Based On:

Answer 4

1) Admitted Evidence
2) Reasonable Knowledge
3) Inadmissible evidence relied upon

Question 5

Expert Opinion

5) Opinion Must be a reliable Principal:

Answer 5

Dabert: (NOT in Nevada)

1) Peer reviewed,
2) Sub to testimony,
3) low error
4) Research level of acceptance

Nevada:

1) Publication,
2) Testimony or testing,
3) General acceptance

Question 6

Expert Opinion

NEVADA
5) Opinion Must be a reliable Principal:

Answer 6

1) Publication
2) Testimony or testing
3) Genearl acceptance

Question 7

Witness use of documents during testimony

Answer 7

1) Refresh recollection: ANYTHING
* * opponents may inspect and offer anything into evidence to be used.

2) Recorded recollection (Hearsay Exception): Insufficiency to testimony??

Question 8

Opinion Testimony

Lay Opinion

Answer 8

1) Rationally based
2) Witness perception, and
3) helpful to trier of fact
4) not Sci or special knowledge

Question 9

Evidence of Witnesses Credibility

Answer 9

Evidence to support credibility is inadmissible unless credibility is attached first.

Question 10

Testimony

Hypnotized

Answer 10

Fed: Yes

Nevada: Yes, but only if qualified police recorded pre-hypnosis recollection, hypnosis session was recorded, and procedure were not suggestive.