Question 1

Under Federal Rule 705, which of the following statements is false?

Accepted Answer

Federal Rule of Evidence 705 allows an expert to testify in the form of an opinion or otherwise without first testifying to the underlying facts or data, unless the court requires otherwise. The rule does not mandate prior disclosure of facts or data before testifying, but an expert may be required to disclose this information if asked by the court or on cross-examination.

Question 2

Areas commonly testified to at trial by expert witnesses include:

Accepted Answer

Expert witnesses can testify on a wide range of subjects at trial, including DNA evidence, the common practices of drug traffickers, and the organization of gangs, as their expertise can provide valuable insights into specialized areas relevant to the case.

Question 3

Areas commonly testified to at trial by expert witnesses include:

Accepted Answer

Expert witnesses can testify in a variety of areas at trial, including footprint analysis, syndromes that explain behavior, and neutron activation analysis, among others. Their expertise is used to provide specialized knowledge to the court.

Question 4

Which of the following is not an example of a post-traumatic stress disorder?

Accepted Answer

All the options listed (A: Rape trauma syndrome, B: Child sexual abuse accommodation, C: Battered child syndrome) are indeed examples or contexts in which post-traumatic stress disorder (PTSD) can manifest, thus making D the correct answer as it states that all of the above are examples of PTSD.

Question 5

Which of the following statements represent(s) Congress's position on the use of experts in cases of legal insanity?

Accepted Answer

The answer of Which of the following statements represent(s) Congress's...

Question 6

Which of the following statements is correct?

Accepted Answer

The answer of Which of the following statements is correct?
...

Question 7

Opinion that is rationally based on the witness's perception,

Accepted Answer

Lay opinion refers to a non-expert's opinion that is based on their own perception and is admissible in court as long as it is rationally based on the witness's firsthand observation and helps in understanding the witness's testimony or determining a fact in issue.

Question 8

Which of the following best represents the common law regarding opinion testimony?

Accepted Answer

All of the statements accurately reflect concerns and limitations associated with opinion testimony under common law. Witnesses were traditionally expected to provide testimony based on their direct sensory perceptions, not opinions or interpretations, to avoid influencing the jury's independent evaluation of the facts.

Question 9

If a witness will not be available to testify at trial, the witness' testimony:

Accepted Answer

The witness's testimony can be pre-recorded, especially if it's done in a way that allows for cross-examination by the opposing party. This method ensures that the testimony is both available for the trial and respects the rights of the opposing party to challenge the testimony, adhering to principles of fairness and due process.

Question 10

On cross-examination, an expert who is permitted to testify may be challenged based on:

Accepted Answer

An expert who is permitted to testify may be challenged based on errors in the testing procedures or his or her qualifications as an expert.

Question 11

The party calling an expert witness is required to lay the foundation for the witness to testify.

Accepted Answer

The party calling an expert witness must lay the foundation by demonstrating the witness's qualifications, expertise, and the relevance of their testimony to the case at hand. This process ensures the witness is credible and their testimony is pertinent to the issues being adjudicated.

Question 12

Hearsay evidence can be introduced at trial if the witness is unavailable to testify and the statements being introduced were made by the witness under oath at a prior court hearing on the same matter.

Accepted Answer

Hearsay evidence, which is an out-of-court statement offered to prove the truth of the matter asserted, can be admissible if the witness is unavailable and the statement was made under oath at a prior proceeding involving the same parties and addressing the same issues, as it meets exceptions to the hearsay rule under the principles of reliability and necessity.

Question 13

Courts flexibly apply the Federal Rule on opinion evidence by lay witnesses.

Accepted Answer

Courts apply the Federal Rule on opinion evidence by lay witnesses (Federal Rule of Evidence 701) flexibly, allowing lay witness opinion testimony that is rationally based on the witness's perception and helpful to clearly understanding the witness's testimony or determining a fact in issue, as long as it does not require special knowledge, skill, experience, or training.

Question 14

Fyre is a more liberal evidentiary standard that Daubert, making it easier to admit scientific evidence under Frye than under Daubert.

Accepted Answer

The Frye standard is more liberal than the Daubert standard, making it easier to admit scientific evidence under Frye than under Daubert.

Question 15

Testimony of expert witness Tim may be based on the witness's analysis of information provided by Mary.

Accepted Answer

Expert witnesses can base their testimony on information provided by others, as long as it is the type of information reasonably relied upon by experts in the particular field.

Question 16

The results of a polygraph test are admissible in a trial as long as the administrator of the polygraph test qualifies as a witness and will take the witness stand to introduce the results into evidence.

Accepted Answer

Polygraph test results are generally not admissible in court due to questions about their reliability and the belief that they can prejudice the jury. The admissibility of such evidence varies by jurisdiction, but in many places, both federal and state courts have rules or precedents that limit or completely prohibit their use.

Question 17

Under common law, expert opinion on the ultimate issue in the case was permitted.

Accepted Answer

Under common law, expert witnesses were generally not allowed to testify to opinions on the ultimate issue of the case, as it was considered the province of the jury or judge to decide.

Question 18

An expert witness can testify as to whether, in his or her opinion, the defendant was insane at the time the defendant committed the murder.

Accepted Answer

The answer of An expert witness can testify as to...

Question 19

Expert witness Bob can offer his opinion testimony based on his actual perceptions.

Accepted Answer

Expert witnesses, like Bob, are allowed to offer opinion testimony when it is based on their professional knowledge, training, or experience, including their actual perceptions related to the case.

Question 20

A trial court is prohibited from calling an expert witness to testify at a trial.

Accepted Answer

A trial court has the discretion to call an expert witness if it deems necessary to assist in understanding complex evidence or determining a fact in issue.

Quiz 6: Witnesses: The Opinion Rule and Expert Testimony

Under Federal Rule 705, which of the following statements is false?

Areas commonly testified to at trial by expert witnesses include:

Areas commonly testified to at trial by expert witnesses include:

Which of the following is not an example of a post-traumatic stress disorder?

Which of the following statements represent(s) Congress's position on the use of experts in cases of legal insanity?

Which of the following statements is correct?

Opinion that is rationally based on the witness's perception,

Which of the following best represents the common law regarding opinion testimony?

If a witness will not be available to testify at trial, the witness' testimony:

On cross-examination, an expert who is permitted to testify may be challenged based on:

The party calling an expert witness is required to lay the foundation for the witness to testify.

Hearsay evidence can be introduced at trial if the witness is unavailable to testify and the statements being introduced were made by the witness under oath at a prior court hearing on the same matter.

Courts flexibly apply the Federal Rule on opinion evidence by lay witnesses.

Fyre is a more liberal evidentiary standard that Daubert, making it easier to admit scientific evidence under Frye than under Daubert.

Testimony of expert witness Tim may be based on the witness's analysis of information provided by Mary.

The results of a polygraph test are admissible in a trial as long as the administrator of the polygraph test qualifies as a witness and will take the witness stand to introduce the results into evidence.

Under common law, expert opinion on the ultimate issue in the case was permitted.

An expert witness can testify as to whether, in his or her opinion, the defendant was insane at the time the defendant committed the murder.

Expert witness Bob can offer his opinion testimony based on his actual perceptions.

A trial court is prohibited from calling an expert witness to testify at a trial.