Witnesses: The Opinion Rule and Expert Testimony MCQ
_____ is known as a lay witness may not give an opinion.
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Correct Answer:
opinion rule
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_____ is defined as a witness with knowledge that may be possessed by the average juror that does not depend on particular skill, training, or experience.
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Correct Answer:
lay witness
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_____ is a witness qualified by knowledge, skill, experience, training, or education to provide expert opinion about evidence that is beyond the understanding of the average juror.
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Correct Answer:
expert witness
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Is expert testimony a witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion?
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Correct Answer:
True
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In addition to each party having the ability to call their own respective expert witnesses, the court may also appoint an expert witness selected by the court.
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Correct Answer:
True
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Experts may be used to testify about gang organization and functioning.
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Correct Answer:
True
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A murder occurred in the home of an 82-year-old widow. Police went to the crime scene to collect evidence. In preparation for trial, the prosecution calls an expert. Given the case, the expert is likely to be needed to testify about which of the following?
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Correct Answer:
A and b
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An expert does not have to disclose the facts or data he relied on in reaching his conclusion unless asked by the court or asked on cross-examination.
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Correct Answer:
True
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In a case where a police officer is accused of using excessive force, an expert on police use of force is brought in. The expert testifies that the violence was not warranted under the circumstances and was improper in this case. The testimony regarding the ultimate issue will likely be admissible in this case.
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Correct Answer:
False
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Common law prohibited an expert from ultimate issue testimony in a case, but FRE 704 states that opinion testimony is not automatically excluded because it “embraces an ultimate issue.”
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Correct Answer:
True
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The defense attorney in a securities fraud case seeks an expert witness. He encounters a psychiatrist who has been admitted as an expert witness in many previous cases. May the psychiatrist testify as an expert witness in the securities case on the basis that he has been qualified as an expert many times before?
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Correct Answer:
No, unless he can also be qualified as an expert in securities
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The opposing party may challenge the admission of an expert on which of the following grounds?
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Correct Answer:
All of the above
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Polygraphs are always admissible because they help the jury in the search for truth.
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Correct Answer:
False
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Under the Frye test, courts considered whether the scientific community generally accepted a methodology as reliable before accepting that individuals with competence in that area could testify as experts.
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Correct Answer:
True
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A witness wishes to testify to the following four observations. Which is not allowed?
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Correct Answer:
The defendant looked like a typical gangbanger.
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Which is not a requirement listed by Federal Rules of Evidence (FRE) 701?
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Correct Answer:
The opinion must be corroborated by additional testimony.
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The common law opinion rule prohibits witnesses from offering opinions, limiting testimony to facts observable through the five senses.
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Correct Answer:
True
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The First Amendment to the Constitution protects the right of an individual to confront his or her accusers in a criminal case.
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Correct Answer:
False
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Jane is unavailable to testify at trial due to her current hospitalization. What is the best solution to ensure the facts she would testify to will still be admitted at trial?
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