Lay/Witness Testimony

Question 1

FRE 701 is about __

Answer 1

opinion testimony by lay witness

Question 2

701 says if witness not testifying as expert, testimony in form of an opinion must be limited to

Answer 2

• rationally based on witness perception
• helpful to understand witness testimony or fact
• not based on science/tech or specialized knowledge

Question 3

701 witness testimony is helpful when it is

Answer 3

• difficult to reduce witness perceptions into component observations AND
• litigant lays foundation (she was swaying — she was drunk)

Question 4

I’m just a poor guy – Witness opines he sounded resigned and oppressed

Answer 4

Admit, no other way to say that

Question 5

Daubert about finding brother’s dead body
1) His arm was floopsie, cool

Answer 5

Admit

Question 6

Daubert about finding brother’s dead body
2) I could see that he was dead

Answer 6

Admit

Question 7

Daubert about finding brother’s dead body
3) He hadn’t been dead too long

Answer 7

Inadmit, 701(c) issue – basing info off of farming/livestokc experience would have to be expert testimony

Question 8

Yazzie charged with selling cigs to minor, minor’s friend testifies says it looked like minor was older

Answer 8

Admit, unhelpful to intro picture evidence bc about how minor looked/acted in that instance

Question 9

Girl with cocaine problem determined powder to be cocaine

Answer 9

Admit, lays foundation as to why she knows, 701(c) really about if you got special training, classes etc

Question 10

D charged with obstructing justice for deleting files off computer; agent runs program that shows searches done on computer

Answer 10

Expert testimony bc searches only readable by someone with specialized knowledge

Question 11

For expert testimony, the party introducing must ___ unlike ___

Answer 11

give notice to other to prep for cross, lay testimony

Question 12

Qualifications for expert ___

Answer 12

often not contested, anyone can be one

Question 13

In Jinro, the court did question the expertise of ___

Answer 13

some white guy claiming expertise on Korean business practices

Question 14

702(a) requires that ___

Answer 14

the specialized knowledge will help trier of fact to understand fact or issue

Question 15

702(b) requires that the testimony is ___

Answer 15

based on sufficient facts or data

Question 16

702(c) requires that the testimony is __

Answer 16

the product of reliable principles and methods

Question 17

702(d) requires that the ___

Answer 17

expert has reliably applied the principles and methods to the facts of the case

Question 18

Expert testimony is more controversial ___

Answer 18

in civil cases (in crim case lots of trust in pros)

Question 19

Expert testimony is used in crim cases as ___

Answer 19

workaround for DNA/scientific reports

Question 20

Daubert factors

Answer 20

1) whether theory/technique can and has been tested
2) whether subjected to peer review and publication
3) known/or potential error rates, standards and controls
4) general acceptance (Frye)

Question 21

Daubert rationale

Answer 21

liberalize admission because Frey standard was too narrow

Question 22

FRE 704 is about __

Answer 22

opinion on ultimate issue

Question 23

FRE 704(a) says ___

Answer 23

opinion is not objectionable just because embraces an ultimate issue

Question 24

FRE 704(b) says in a criminal case the expert witness must not state opinion about ___

Answer 24

whether D did or didn’t have mental state

Question 25

Officer sued for shooting man in back, calls medical expert to explain how shooting wasn't in the back. Expert also says he rejected possibility officer lied

Answer 25

Inadmit, improper under 704 bc touches on ultimate issue

Question 26

Look I know Colombian weed

Answer 26

Admit, experience qualified as expert

Question 27

How to object to "look I know Colombian weed"

Answer 27

Daubert standards, not identified with relevant and reliable methods

Question 28

Detective testimony on Dassey's non verbal 4 hour confession interrogation 1) I interview a lot of people and Dassey's testimony was different

Answer 28

Lay opinion, rationally based on witness perception and helpful

Question 29

Detective testimony on Dassey's non verbal 4 hour confession interrogation 2) When it came to specifics about what happened that day, he'd sit there, head down, withdraw, emotionless

Answer 29

lay opinion

Question 30

Detective testimony on Dassey's non verbal 4 hour confession interrogation 3) It was demeanor that I felt from all that years of training and experience that I've had interviewing people, there was an inner struggle, a conflict, he was hiding something

Answer 30

Expert opinion but Daubert issue, not based on reliable methods

Question 31

Detective testimony on Dassey's non verbal 4 hour confession interrogation 3) It was demeanor that I felt from all that years of training and experience that I've had interviewing people, there was an inner struggle, a conflict, he was hiding something How to rehabilitate expert testimony?

Answer 31

Voir dire in front of jury, ask what training, also what was the basis/how was this tested