Deck 6: Witnesses: The Opinion Rule and Expert Testimony

Question 1

A person who observes an event is called:

A) A witness
B) A person of interest
C) A witness at trial
D) A party to the event

Answer 1

A

Question 2

A person who testifies to any event relevant to the case is called:

A) An expert witness
B) A lay witness
C) An interested witness
D) A party witness

Answer 2

B

Question 3

A lay witness differs from an expert witness in that:

A) An expert witness must qualify as an expert in order to testify whereas a lay person only needs to observe an event.
B) An expert witness provides testimony to explain things that the jury otherwise could not understand whereas a lay witness's testimony is limited to what he or she witnessed with one of his or her senses.
C) An expert witness's testimony is based on scientific, technical, or other specialized knowledge whereas a lay person's testimony is based on information obtained for one of his or her five senses.
D) All of the above are correct.

Answer 3

D

Question 4

Federal Rule of Evidence 702 requires which of the following to occur before a person can testify as an expert witness?

A) An expert must qualify as an expert by knowledge, skill, experience, training, or education.
B) The expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in the case.
C) Both a and b are correct.
D) Neither a nor b are correct.

Question 5

_______________ is an inference from the perceived facts.

A) A theory
B) An opinion
C) A hypothesis
D) A deduction

Question 6

Under common law, which of the following statements is true about, John, testifying as a lay witness, offering his opinion about the defendant's demeanor at the crime scene?

A) The testimony of a lay witness could be a combination of facts and opinions.
B) A lay witness could offer an opinion once the party offering the witness laid a proper foundation for the opinion.
C) A lay witness's opinion had to have a scientific or technical basis to support the testimony.
D) A lay witness was prohibited from offering opinions.

Question 7

Areas where a judge, applying the Federal Rules of Evidence, would customarily admit lay opinion include:

A) Conduct
B) Smell
C) Physical Condition
D) All of the above

Question 8

Which of the following would be admissible as lay witness opinion, offered to help the finder of fact understand the lay witness's testimony?

A) The officer issuing the ticket was "aggressive."
B) The assailant spoke with a "nasty tone of voice."
C) The person looked like a "homeless person."
D) The assailant was "big and powerful."

Question 9

Lay witness John is about to testify that he recognized the handwriting as that of the defendant's. Which of the following statements is true?

A) John's testimony on this issue would be inadmissible unless John was a certified handwriting expert.
B) John's testimony would be admissible under common law but not under the Federal Rules of Evidence.
C) John's testimony on this subject matter is considered identity evidence.
D) John's testimony would be admissible under the Federal Rules of Evidence provided the testimony met the two requirements laid out in Federal Rule 701.

Question 10

Expert witnesses are witnesses who qualify by:

A) Knowledge or education
B) Training or skill
C) Experience
D) All of the above

Question 11

All of the following are concerns raised about the use of expert witnesses at trial, except:

A) Expert witnesses consume a considerable amount of time at trial.
B) Expert witness testimony oversimplifies the issues for the jurors.
C) Expert witness testimony may confuse the jury.
D) Jurors may be overly influenced by expert witness testimony.

Question 12

The Frye test:

A) Was established by the Court to provide guidelines in determining the reliability of an expert's scientific expertise.
B) Refers to a Federal Rule of Evidence on the admissibility of expert witness testimony
C) Provides loose standards for evaluating expert witness testimony
D) None of the above

Question 13

Which of the following statements is correct regarding Daubert?

A) Daubert imposes a higher standard for the admission of scientific evidence from an expert.
B) Daubert is incompatible with the Federal Rules of Evidence.
C) Under Daubert, the judge, not the scientific community, is the gatekeeper of scientific evidence.
D) Under Daubert, the scientific community must recognize the evidence as "generally accepted" before expert testimony can be admissible.

Question 14

Factors considered under Daubert to determine the admissibility of expert testimony on a scientific theory or technique include all of the following, except:

A) Whether the theory or technique has been tested
B) Whether the technique is error proof
C) Whether the technique has been peer reviewed
D) Whether the technique has been generally accepted in the relevant scientific community

Question 15

Factors that must be satisfied before a witness can qualify as an expert witness under Federal Rule 702 include all of the following, except:

A) The witness's testimony based on his or her "knowledge, skill, experience, training, or education" must be helpful to the jury.
B) The expert's opinion must be based on some "facts or data" to undertake a meaningful analysis.
C) The expert must employ reliable principles and methods in his or her analysis.
D) The analysis must follow the accepted way of carrying out the analysis or test.

Question 16

John, a psychiatrist, has qualified as an expert witness. He will offer his opinion as to the sanity of Mary, basing his testimony on his personal examination of Mary on two separate occasions. Under Rule 703, John's opinion testimony is based on facts or data from this type of source:

A) Perception
B) Information
C) Trial
D) Experts in the field

Question 17

Ben, a medical doctor, has qualified as an expert witness. He will offer his opinion regarding the decedent's cause of death, based on his review of toxicology tests performed by the lab on the decedent immediately following the decedent's death. Under Rule 703, Ben's opinion is based on facts or data from this type of source:

A) Perception
B) Information
C) Trial
D) Experts in the field

Question 18

Cary, a traffic accident reconstruction expert, has qualified as an expert witness. She will offer her opinion regarding the sequence of events surrounding the fatal collision, basing her opinion on the testimony of the first responders and eye witnesses to the accident. Under Rule 703, Cary's opinion is based on facts or data from this type of source:

A) Perception
B) Information.
C) Trial
D) Experts in the field

Question 19

Laney, a forensic scientist at the state crime lab, has qualified as an expert witness. She will offer her opinion regarding the probable source of plant material found under the decedent's fingernails, relying on her review of journal articles written by several expert botanists who will not appear at trial. Under Rule 703, Cary's opinion is based on facts or data from this type pf source:

A) Perception
B) Information.
C) Trial
D) Experts in the field

Question 20

Under Rule 704:

A) Expert opinion on the ultimate issue in a case is prohibited.
B) Expert opinion that embraces an ultimate issue of the case is not automatically excluded.
C) Expert opinion as to whether the defendant had the intent to kill is admissible, even if it involves the ultimate issue.
D) None of the above are correct.

Question 21

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

A) Prior to testifying, an expert must disclose the facts or data he or she relied on in reaching his or her conclusion.
B) If asked by the court, an expert must disclose the facts or data he or she relied on in reaching his or her conclusion.
C) If asked on cross-examination, an expert must disclose the facts or data he or she relied on in reaching his or her conclusion.
D) All of the above statements are true.

Question 22

Areas commonly testified to at trial by expert witnesses include:

A) DNA evidence
B) The common practices of drug traffickers
C) The organization of gangs
D) All of the above

Question 23

Areas commonly testified to at trial by expert witnesses include:

A) Footprint analysis
B) Syndromes that explain behavior.
C) Neutron activation analysis
D) All of the above

Question 24

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

A) Rape trauma syndrome
B) Child sexual abuse accommodation
C) Battered child syndrome
D) All of the above are examples of a post-traumatic stress disorder.

Question 25

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

A) Congress prohibited experts from testifying on whether the defendant possessed the mental state or condition that constituted an element of the crime.
B) Congress took the position that whether the defendant possessed the mental state or condition that constituted an element of the crime was a matter for the jury to decide.
C) Both a and b are correct.
D) Neither a nor b are correct.

Question 26

Which of the following statements is correct?

A) Expert witnesses may base their analysis on their actual perceptions; they are not limited to relying on fact.
B) Expert witnesses may base their opinions on the testimony of other witnesses at trial.
C) Expert witnesses may base their opinions only on facts that are admissible as evidence.
D) A and b are correct, but not c

Question 27

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

A) Expert opinion
B) Not admissible
C) Lay opinion
D) None of the above

Question 28

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

A) Testimony was limited to facts perceived by the witness through one or more of the five senses.
B) Forming an opinion is the duty of the jury, not of a witness.
C) Opinion testimony created a risk that opinion evidence would complicate the process of reaching a conclusion for the jurors.
D) All of the above statements are correct.

Question 29

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

A) Will not be admissible at trial under any circumstances
B) Can be videotaped in advance and used during the trial for impeachment purposes only
C) The witness's testimony can be videotaped in advance, in a manner that allows the opposing party to cross-examine the witness, then used during the trial
D) None of the above

Question 30

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

A) A lack of scientific competence
B) Errors in the testing procedures
C) His or her qualifications as an expert
D) Only a and b

Question 31

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

Question 32

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.

Question 33

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

Question 34

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

Question 35

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

Question 36

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.

Question 37

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

Question 38

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.

Question 39

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

Question 40

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

Question 41

What is the rationale behind the requirement that a lay witness's testimony must be nontechnical and may not rely on scientific, technical, or other specialized knowledge?

Question 42

Why are courts flexible regarding a lay witness offering opinion testimony?

Question 43

What were the underlying concerns of common law courts about the admission of opinion testimony?

Question 44

The argument allowing for expert testimony is that experts help the jurors learn as much as possible about the case. What are two arguments against allowing expert testimony to be introduced at trial?

Question 45

John is an important witness to the crime for which the defendant is on trial. When the defendant's trial date arrives, John no longer resides in the United States and is unavailable to testify. Under what circumstances can John's prior statements about the crime be admissible as testimony at the defendant's trial? Why are these requirements necessary?

Question 46

Discuss how the Federal Rules of Evidence compare to the common law approach to lay witnesses offering opinions and the requirements under Federal Rule 701 that a lay witness must satisfy before offering an opinion.

Question 47

Explain the difference between Frye and Daubert regarding the admissibility of scientific evidence.