What is the primary difference between a lay witness and an expert witness?

Lay: personal perception; experts: specialized knowledge.

Under Rule 702, expert testimony must meet all of the following criteria EXCEPT:

Be entirely free of any margin of error.

Which of the following is NOT true regarding Rule 706 court-appointed experts?

They cannot be cross-examined by the parties.

Under Rule 703, which of the following is true about the facts or data an expert relies on?

Inadmissible if probative value outweighs prejudicial effects.

What was the primary limitation of the Frye test for admissibility of expert testimony?

It relied solely on general acceptance within the field.

What is the primary role of a court-appointed expert under Rule 706?

To provide unbiased testimony to assist the court or jury.

Which of the following is NOT a condition for admissible opinion testimony by lay witnesses under Rule 701?

It must involve scientific, technical, or specialised knowledge.

Which of the following is prohibited under Rule 704(b)?

An expert witness stating whether a defendant committed the alleged crime.

What standard did the Daubert test introduce for evaluating scientific evidence?

Evidence must meet all 5 criteria, including falsifiability & peer review.

Which of the following factors is NOT considered in evaluating the reliability of an expert’s testimony?

Whether the expert has prior court testimony experience.

Rule 704 allows opinions on ultimate issues EXCEPT in which circumstance?

When the opinion relates to a criminal defendant's mental state.

What is required for someone to qualify as an expert witness under Rule 702?

Knowledge, skill, experience, training, or education.

Which of the following is an example of inadmissible testimony by a lay witness?

"In my opinion, the defendant has a mental disorder."

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Article VII. Testimony

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Lecture 7 FRE

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Questions 15

Answers

1
What is the primary difference between a lay witness and an expert witness?
Lay witnesses: only in criminal cases; experts: in civil cases
Lay: personal perception; experts: specialized knowledge.
Lay witnesses use scientific knowledge; experts rely on personal experience
Lay witnesses are always eyewitnesses; experts never are.
2
Under Rule 702, expert testimony must meet all of the following criteria EXCEPT:
Be entirely free of any margin of error.
Be helpful to the trier of fact.
Be based on sufficient facts or data.
Use generally accepted principles in the field.
3
Which of the following is NOT true regarding Rule 706 court-appointed experts?
They must consent to act as an expert.
Their compensation is determined by the court.
They cannot be cross-examined by the parties.
Their findings may be disclosed to the jury.
4
Under Rule 703, which of the following is true about the facts or data an expert relies on?
Inadmissible if probative value outweighs prejudicial effects.
They must be disclosed to the jury before the expert testifies.
They must always be admissible in court.
They must be personally observed by the expert.
5
What was the primary limitation of the Frye test for admissibility of expert testimony?
It relied solely on general acceptance within the field.
It allowed testimony without peer review.
It was only applicable to criminal cases.
It excluded testimony based on social sciences.
6
What is the primary role of a court-appointed expert under Rule 706?
To decide the outcome of the case as a neutral arbitrator.
To provide unbiased testimony to assist the court or jury.
To act as a mediator between conflicting expert testimonies.
To replace party-appointed experts in the trial.
7
Which of the following is NOT a condition for admissible opinion testimony by lay witnesses under Rule 701?
It must be helpful to understand the witness’s testimony or a fact in issue
It must involve scientific, technical, or specialised knowledge.
It must not exceed the scope of Rule 702.
It must be rationally based on the witness’s perception.
8
Which of the following is prohibited under Rule 704(b)?
A judge determining the mental state of the defendant.
Lay witness giving opinion on a defendant's mental state in criminal cases
An expert witness stating whether a defendant committed the alleged crime.
A lay witness providing testimony about an ultimate issue.
9
What standard did the Daubert test introduce for evaluating scientific evidence?
Testimony must be accepted by the majority of experts in the field.
Evidence must meet all 5 criteria, including falsifiability & peer review.
Testimony must focus exclusively on physical sciences.
Evidence must meet general acceptance and be error-free.
10
Which of the following factors is NOT considered in evaluating the reliability of an expert’s testimony?
The potential rate of error in the expert’s methodology.
Whether the expert’s work has been peer-reviewed.
Whether the expert’s methods are testable.
Whether the expert has prior court testimony experience.
11
What is the primary question to distinguish a fact from an opinion?
Can this be tested?
How do I know this?
Does this involve specialised knowledge?
Is this generally accepted?
12
Rule 704 allows opinions on ultimate issues EXCEPT in which circumstance?
When the testimony addresses scientific evidence.
When the opinion relates to a criminal defendant's mental state.
When the issue pertains to facts of the case.
When the expert is unqualified to testify on the issue.
13
Which of the following constitutes “testimony”?
An expert’s peer-reviewed research paper presented in court.
Both lay and expert witnesses providing opinions under oath.
A lay witness describing what they personally observed.
All of the above.
14
What is required for someone to qualify as an expert witness under Rule 702?
Knowledge, skill, experience, training, or education.
A formal degree in the relevant field.
Peer recognition as a leader in their field.
Employment in the field for at least five years.
15
Which of the following is an example of inadmissible testimony by a lay witness?
"I saw the car speeding before the crash."
"In my opinion, the defendant has a mental disorder."
"The room smelled like gasoline right after the fire."
"The driver looked very angry during the argument."

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