Witnesses

Question 1

what can a lay person testify based on

Answer 1

their perception, as long as it is helpful to understand their testimony or a fact in issue

Question 2

can lay people testify as to their opinions

Answer 2

yes as long as they are based on their own perception and are helpful to trier of fact

Question 3

can an expert testify in form of opinion

Answer 3

yes if
a) expert’s scientific knowledge is helpful to determine fact in issue
b) testimony is based on sufficient facts/data
c) testimony is product of reliable principles/ methods
expert has reliably applied these methods

Question 4

can experts rely on facts perceived outside courtroom

Answer 4

yes

Question 5

does expert have to testify about the underlying facts or data before giving opinion

Answer 5

no

Question 6

what can an expert not testify to

Answer 6

• interpretation of law
• whether ∆ was insane
• can’t just be used as a conduit for inadmissible hearsay

Question 7

what is the rule for expert testimony

Answer 7

Daubert Rule
- the principle/ technique must be reliable AND
- must be pertinent and helpful to trier of fact

judge decides

Question 8

what did Kumho tire do

Answer 8

make daubert apply to all expert testimony, not just scientific

Question 9

how do you do present recollection refreshed

Answer 9

1. establish witness is having trouble remembering and that looking at doc would help
2. show doc, take it back, establish that it helped
3. continue

Question 10

what are the requirements for present recollection refreshed

Answer 10

• must show opposing counsel the doc
• might need to redact
• failure to disclose means court can do whatever it needs for justice

Question 11

what’s he difference between present recollection refreshed and past recollection recorded

Answer 11

present –> testimony is the evidence

past –> recording is the evidence