Rule 704 allows expert opinions that embrace an ultimate issue to be admitted, except in criminal cases where the expert cannot state an opinion about whether the defendant had a specific mental state or condition that constitutes an element of the crime charged.

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Under Rule 704

Question 20

Multiple Choice

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.

Correct Answer: