Witnesses - Opinion Testimony

Question 1

Lay Opinion of a witness is admissible if:

Answer 1

1) Reliably/Rationally based on the perception of the witness; AND
2) The testimony is helpful to the trier of fact (cannot be legal conclusions)

Question 2

An expert witness opinion has four basic requirements:

Answer 2

1) The subject matter must be appropriate for expert testimony;
2) The witness must be qualified as an expert;
3) The expert should possess reasonable certainty/probability regarding the opinion;
4) The opinion must be supported by a proper factual basis.

Question 3

Determining appropriateness of expert opinion, the judge decides if:

Answer 3

the methodology is reliable and relevant. Judge must be convinced by a preponderance of the evidence.

Question 4

An expert’s qualifications can be formal, academic, or

Answer 4

Experiential!

Question 5

An expert’s opinion must be elicited in a manner that demonstrates

Answer 5

the opinion is more than mere guesswork or raw conjecture.

Question 6

The facts supporting the expert opinion must be based on

Answer 6

1) Facts within the personal knowledge of the expert;
2) Facts presented to the expert, in court, by the evidence, usually through hypotheticals;
3) Facts unrelated to the specifics of the case, as long as they are of a type that experts in that field would reasonably rely upon in making out-of-court professional decisions.

Question 7

A Learned Treatise may be established by authoritative in any one of four ways:

Answer 7

1) If opposing counsel has already relied on the treatise;
2) Elicit an admission regarding the authoritative nature of treatise from opposing experts;
3) Calling your own expert witness to testify about treatise;
4) Using Judicial Notice.

Question 8

Under the Federal Rules, may the text be offered for its truth?

Answer 8

Yes, it is admissible as an exception to the rule against hearsay if established as reliable/authoritative. The treatise is then read to the jury, not received as evidence.