Witness Flashcards by Veronika Dvorak

A witness who testifies to what he has seen, heard, or otherwise observed is referred to as a/an:
- Observer
- Expert witness
- Fact witness
- Objective witness

Fact witness

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You receive a subpoena asking that you produce all appraisal reports you have prepared in the past five years for property similar to the subject property in a current litigation. You know that to honor this subpoena, you will be revealing confidential information from past assignments. What is the most likely action you would take to avoid revealing this confidential information?
- Invoke the RECORDKEEPING RULE in USPAP
- Ask the opposing attorney file a motion to quash
- Have your personal attorney file a motion to quash
- Produce the appraisals, as a subpoena is the same as a court order

Have your personal attorney file a motion to quash

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“The appraiser has the benefit of knowing the issues and can focus the appraisal to address them and adequately support all the necessary analyses and conclusions to ‘bulletproof’ the appraisal.” This statement describes one of the advantages of the _________ type of appraisal assignment.
- Practitioner - Unintentional
- Practitioner - Intentional
- Non-Practitioner - Intentional
- Non-Practitioner - Unintentional

Practitioner - Intentional

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You receive a call from an attorney who is contemplating a new lawsuit regarding a landlord/tenant dispute where the lease contains an ambiguous purchase option for the subject property. You will need to determine the value to be used in the exercise of the purchase option. The tenant already has an appraisal with an abnormally low value. Which of the three types of appraisal assignments would this be?
- Practitioner - Unintentional
- Practitioner - Intentional
- Non-Practitioner - Intentional
- Non-Practitioner - Unintentional

Practitioner - Intentional

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You receive a call from an attorney involved in litigation where appraisals have already been produced by each side. The attorney wants you to review both appraisals and advise him regarding their relative merits so he can develop a trial strategy. You will be preparing a USPAP STANDARDS 3 and 4 review of each appraisal as the major part of your assignment. Which of the three types of appraisal assignments would this be?
- Non-Practitioner - Unintentional
- Non-Practitioner - Intentional
- Practitioner - Intentional
- Practitioner - Unintentional

Non-Practitioner - Intentional

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A witness whose testimony is based on scientific, technical, or other specialized knowledge is called a/an:
- Opinion witness
- Expert witness
- Appraisal witness
- Fact witness

Expert witness

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An appraiser is subpoenaed to testify about an appraisal he prepared in the past which now is part of pending litigation. He was not retained by the lawyers specifically to prepare the appraisal for this case because the litigation issue developed after his appraisal was completed. Which of the following best described this situation?
- The appraiser will be testifying as a fact witness and be able to collect a nominal witness fee for his time on the witness stand.
- The appraiser will be testifying as an expert witness and will be able to collect a handsome hourly fee for the time spent on the witness stand.
- The appraiser is not an expert for this case but can charge his normal expert witness hour fees for his time on the witness stand.
- The appraiser will be testifying as a fact witness and will not be able to charge for his time on the witness stand.

The appraiser will be testifying as a fact witness and be able to collect a nominal witness fee for his time on the witness stand.

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The appraiser who testifies at this level usually will have significant experience in court testimony and can be perceived as a ‘hired gun.’ “ This statement describes one of the disadvantages of the _________ type of appraisal assignment.
- Practitioner - Unintentional
- Practitioner - Intentional
- Non-Practitioner - Intentional
- Non-Practitioner - Unintentional

Non-Practitioner - Intentional

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You are asked to assist an attorney in litigation related to an IRS challenge of a charitable contribution of real property on his client’s tax return. Which of the following would be a concern to you about taking on a litigation assignment related to the IRS?
- The appraisal may require a retrospective value, which requires more research than a current effective date.
- A negative IRS appraisal review could have significant negative ramifications on your future appraisal career.
- Both choices are incorrect
- The first two choices are correct.

The first two choices are correct.

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According to the definition of a “Lay Witness” in Federal Rule 701, which of the following is NOT a criterion for an acceptable opinion expressed by the witness?
- Opinion not based on scientific, technical, or other specialized knowledge within the scope of Rule 702
- Opinion helpful to a clear understanding of the witness’ testimony or the determination of a fact in issue
- Opinion developed through the use of a scientific instrument
- Rational opinion based on the witness’ perception

Opinion developed through the use of a scientific instrument

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Two years ago, you prepared an appraisal of property owned by a husband and wife. The couple has decided to get a divorce, and the attorney representing the husband wants you to testify about your previous appraisal. Which of the three types of appraisal assignments would this be?
- Practitioner - Unintentional
- Practitioner - Intentional
- Non-Practitioner - Intentional
- Non-Practitioner - Unintentional

Practitioner - Unintentional

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Non-Practitioner - Intentional

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If, while on the witness stand, an appraiser is asked to provide her opinion of the appraisal performed for the other side, and she makes a few statements about the merits of the other appraisal, what has just happened?
- She has delivered an oral appraisal review report.
- If she does not have a workfile on the other appraisal, she has violated USPAP.
- She has given opposing counsel an opportunity to impeach her professionalism and character, diminishing the credibility of her appraisal.
- All of the above.

All of the above.

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You are reviewing an appraisal in litigation. The report date is two years ago, with an effective date a few weeks earlier. In your review activity, you discover three very comparable sales near the subject not mentioned in the report. One closed two months before the report date; one closed one month after the report date; and the other closed nine months after the report date. Which of these sales could you use to claim a deficiency in the appraisal under review?
- All three can and should be used.
- Only the first, as it was public knowledge as of the report date.
- The first and second, because they both reflect the current market.
- None of the above; the appraisal had sufficient support without these sales.

Only the first, as it was public knowledge as of the report date.

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An attorney requests your assistance in developing a trial strategy for a case involving five different commercial properties in four different states. There has been contamination on all of the properties by a tenant, and the landlord is suing for damages. You will not prepare an appraisal, but will rely on appraisals prepared by seven other appraisers. You will assist the attorney in understanding the appraisals for both sides and help design a trial strategy. You will then assist in preparing questions for both direct and cross examinations. This scenario requires you to be a:
- Testifying Fact Witness
- Testifying Expert Appraiser
- Consulting Expert Appraiser
- None of the above

Consulting Expert Appraiser

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You are on the witness stand testifying about an appraisal you performed for this litigation. On cross examination, opposing counsel asks, “Do you think that the comparables you selected are superior to the comparables selected by my appraiser?” You answer, “Yes.”
- This is an appropriate answer, as you can defend your appraisal report so you are not advocating for retaining counsel’s client.
- This in an insufficient answer, as you will need to explain why your comparables are superior.
- You have just performed an oral appraisal review report on the other appraisal and must have previously prepared a separate workfile for that “assignment,” must state the additional information required under STANDARD 3, and must place a signed certification in your workfile.
- You are not permitted to criticize another appraiser while on the witness stand.

You have just performed an oral appraisal review report on the other appraisal and must have previously prepared a separate workfile for that “assignment,” must state the additional information required under STANDARD 3, and must place a signed certification in your workfile.

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Which of the following benefits can performing a USPAP STANDARDS 3 and 4 appraisal review on an appraisal used in litigation provide to the attorney who retains you?
- Help the attorney understand the weaknesses of the opposing counsel’s appraisal
- Help the attorney see where his own appraiser’s report needs further support
- Provide “peer review” of the attorney’s appraisal to help withstand a challenge
- All of the above

All of the above

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You have been asked to review an appraisal being used in litigation. The date of the appraisal is two years ago. You will be testifying in court about the reliability of the appraisal. In your review, you will reference compliance with USPAP. Which edition of USPAP will you need to use to determine compliance?
- The current edition of USPAP.
- The edition of USPAP in effect as of the date of the appraisal report.
- The edition of USPAP in effect as of the date of value.
- The current edition for the review requirements and the edition in effect on the date of the appraisal report for the appraisal requirements.

The current edition for the review requirements and the edition in effect on the date of the appraisal report for the appraisal requirements.

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You are serving as a consulting appraiser, helping an attorney with a case which involves defective construction on an apartment building. The attorney asks you to prepare an appraisal review of the opposition’s appraisal report so she can find flaws to pursue. Can you fulfill this request?
- No. As an advocate you cannot also perform an appraisal service such as an appraisal review.
- Yes. An appraisal review does not fall under the appraisal services which would conflict with an advocacy assignment.
- Yes. There is no conflict with an advocate preparing an appraisal review report, oral or written, in the same assignment.
- That question is still unresolved, and you should consult your personal attorney.

That question is still unresolved, and you should consult your personal attorney.

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You are retained by an attorney to prepare an appraisal and explain your appraisal report and conclusions to the court on the witness stand. Which of the three types of witness discussed in the course materials does this require?
- Testifying Fact Witness
- Testifying Expert Appraiser
- Consulting Expert Appraiser
- None of the above

Testifying Expert Appraiser

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Which of the following statements reflects the basic rules for testifying and consulting experts?
- If the expert is testifying, all communications are discoverable which are not otherwise privileged, such as “work product of the attorney.”
- If the expert is only consulting, the work done for the attorney is part of the attorney’s work product and is not discoverable.
- If a testifying expert uses a part of the consulting expert’s work, then the work of the consulting expert is discoverable.
- All of the above

All of the above

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Which of the following questions of the appraiser expert witness during testimony may be most valuable for the case?
- Questions from the other appraiser
- Questions from the judge
- Cross examination
- Direct examination

Questions from the judge

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Which of the following terms best describes the written questions prepared for opposing sides in litigation that must be answered in writing and under oath?
- Deposition
- Discovery
- Interrogatories
- Disposition

Interrogatories

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Opposing counsel made a request to the judge before trial to exclude certain evidence, which may prohibit an appraisal from being admitted into evidence. This request is called a:
- Petition of Exclusion
- Request for Variance
- Motion to Exclude
- Motion in Limine

Motion in Limine

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This date is crucial for the appraiser expert witness to know because missing this date could result in the appraisal report being ruled inadmissible: - Trial date - End of discovery - Deposition date - Formal complaint filing date

End of discovery

The term “voir dire” refers to: - Defendant is required to produce the stipulated documents. - Witnesses are to be excluded from the courtroom until it is their time to testify. - Investigation into the qualifications of a proposed expert witness. - The French Restaurant where Counsel will meet for lunch during recess.

Investigation into the qualifications of a proposed expert witness.

According to the article authored by Jim McElhaney, the attorney looking for an expert witness should look for someone who: - Has a likeable personality - Exhibits strong persuasive skills - Loves to explain things to other people - Possesses excellent technical skills

Loves to explain things to other people

The primary role of the expert witness when testifying in court is described by Lubet as: - Technician - Diplomat - Teacher - Advocate

Teacher

Ted Whitmer, MAI, Esq., gave a list of four areas where appraisers are most likely to encounter problems while serving as expert witnesses. Which of the following is NOT included in the list? - Lack of Legal Knowledge - Insufficient Data - Applicable Theory - Competency & Ethics

Lack of Legal Knowledge

An appraiser admits on the witness stand that his compensation is contingent upon the outcome of the case. Which of the following four problem areas would most likely cause his appraisal to be ruled inadmissible? - Correct definitions - Insufficient data - Applicable theory - Competency and ethics

Competency and ethics

According to Lubet, which of the following would provide the most valuable background and expertise for an appraiser expert witness? - An internship in a law firm - An elected city council position in the same community as the subject property - Appraisal office manager - A faculty position in a community college

A faculty position in a community college

The most important principle regarding the ethics of the appraiser expert is: - The appraiser should not be concerned with who wins the case - The appraiser needs to protect the confidentiality of retaining counsel’s communications - The appraiser should not speak to the judge ex parte - The appraiser should not work for an attorney who is opposing a previous client in court

The appraiser should not be concerned with who wins the case

According to Ted Whitmer, MAI, one of the most effective ways to totally discredit a witness is to catch: - A math error in the income approach - A serious problem with one of the comparable sales - An illogical leap to a conclusion in the reconciliation - An ethical blunder by the appraiser

An ethical blunder by the appraiser

You are appraising a fully stabilized small office building with no vacancies and five long-term market rate leases in place. You elect to use a 10-year Discounted Cash Flow analysis in your Income Approach and base your conclusion primarily on that approach. Which of the following four problem areas would most likely cause your appraisal to be ruled inadmissible? - Correct definitions - Insufficient data - Applicable theory - Competency and ethics

Applicable theory

The ETHICS RULE of USPAP includes three sections. Which of the following is one of them? - Jurisdictional Exception - Competency - Scope of Work - Conduct

Conduct

You are purging your old files. You have an appraisal report that was prepared for litigation dated six years ago. The case was decided at District court three years ago. It was appealed, and the appeal is still pending. Your responsibility about keeping this workfile is: - You can destroy it, as the report was issued more than five years ago - You can destroy it, as the case was decided three years ago - You will be able to destroy it as soon as final disposition occurs - You must keep it for two years after final disposition

You must keep it for two years after final disposition

Under cross examination, an appraiser expert witness makes the following statement: "I gave the property owner the benefit of the doubt." This would be an example of: - Sound reasoning - Reverse advocacy - An unbiased opinion - Proper procedure when retained by the government

Reverse advocacy

Which of the following actions is LEAST likely to be considered unethical for an expert witness to do during attendance in the courthouse when the trial is underway? - Speaking to the judge during the lunch hour as they ride the elevator to the ground floor - Chatting with one of the jurors in the hallway during a break - Sitting with retaining counsel at counsel's table during a recess - Being argumentative with opposing counsel during cross examination

Being argumentative with opposing counsel during cross examination

Which of the following four items is NOT an ethics violation in the Conduct section of the USPAP ETHICS RULE? - Bias - Hypothetical condition - Advocacy - Misleading communications

Hypothetical condition

You have a request from counsel to "Let me know the value but don't write a report." Your response should be: - You must refuse, as you cannot give just an oral report. - You must refuse because you cannot give an oral report unless you have completed a written report first. - You can comply because you need a complete workfile only before delivering an oral report. - You can comply, but you need to follow it with at least a Restricted Use Report.

You can comply because you need a complete workfile only before delivering an oral report.

Talking with which of the following would create an impression of a bias opinion? - Opposing counsel - Juror - Judge - Retaining counsel

Retaining counsel

Which of the statements below is a recommended way to avoid ethical violations? - Experts should not serve in cases where there is a potential conflict of interest. - Experts should avoid contingent fees. - Experts should conduct an honest and complete investigation. - All of the above.

All of the above.

An appraiser's testimony should be - towards the Defense - towards the retaining council - neutral - towards whatever party they feel is correct

neutral

The COMPETENCY RULE requires that an appraiser be competent in which of the following areas? - Methodology - Property type - Geographic location - All of the above

All of the above

You are asked by retaining counsel to appraise a property for litigation using a hypothetical condition stating that the highest and best use is as a 100-room resort hotel. The property is more than 100 miles away from an interstate highway and 120 miles from the nearest population center of more than 10,000 persons. There are no recreational attractions in the area. The major economic activity used to be mining, but the mines closed over 30 years ago. Your response to this situation is: - You invoke the JURISDICTIONAL EXCEPTION RULE and do the appraisal. - You invoke a Hypothetical Condition and do the appraisal. - You invoke an Extraordinary Assumption and do the appraisal. - You decline the assignment, as you believe that the use of the required hypothetical condition would produce a result that is misleading.

You decline the assignment, as you believe that the use of the required hypothetical condition would produce a result that is misleading.

Which of the following examples meets the formal definition of a "report" in USPAP that would require a workfile and signed certification? - The host at a party knows you are an appraiser and asks if you think his home is still worth what he paid for it 10 years ago. You answer, "Sure." - You have written a 125-page report following extensive research on a subject property. - You are testifying in a deposition about a property you have researched but about which you have not yet written a report. - All of the above.

All of the above.

You are asked to perform an appraisal for litigation involving a federal tax-related issue. The IRS regulations state that the date of value must be 35 months ago. Which is the best way to express your opinion of value? - The market value of the subject was . . . - The market value of the subject is . . . - The retrospective market value of the subject was . . . - The retrospective market value of the subject is . . .

The retrospective market value of the subject was . . .

In engagement negotiations for a litigation assignment, retaining counsel tells you he is intending to collect a fee of 30 percent of the final award and expects at least a seven-figure settlement. He says that if your appraisal helps him win the case, he will give you a nice bonus out of his fee. Which of the following would NOT be permitted? - You structure your fee to be an hourly rate of $350, billed and paid monthly. - You structure your compensation to be a flat fee of $50,000 due when the appraisal report is delivered. - You structure your fee to be a percentage of the fee retaining counsel is to receive from the award by the Court, to be paid within 10 days of the court's decision. - You turn down the assignment, as it would result in unethical compensation.

You structure your fee to be a percentage of the fee retaining counsel is to receive from the award by the Court, to be paid within 10 days of the court's decision.

You are testifying in court about the appraisal you prepared for litigation. Opposing counsel approaches you with a copy of USPAP in his hand. Which of the following is likely to happen next? - He is going to congratulate you on fully complying with USPAP. - He is going to have you read part of USPAP aloud and evaluate part of your appraisal based on what you have just read into the record. - He is going to move that your appraisal and testimony be ruled inadmissible. - Both the second and third choices are likely.

Both the second and third choices are likely.

You are appraising a property that is zoned industrial. Retaining counsel instructed you to appraise it as though it were zoned residential. Your investigation indicates that rezoning is a reasonable expectation, so you decide to accept retaining counsel's instruction. To do so, you would need to invoke a/an: - Hypothetical condition - Extraordinary assumption - Both a hypothetical condition and an extraordinary assumption - Neither is required because the rezoning is highly probable

Hypothetical condition

In a litigation appraisal assignment, you are instructed by retaining counsel to omit the ownership and sale history of the subject because it would "confuse the issue" to know that the property had transferred four times in the previous three years. The attorney instructs you to invoke the JURISDICTIONAL EXCEPTION RULE to justify omitting this required part of the report. Which of the following is true? - You have received legal instructions from an "officer of the court" and can invoke the JURISDICTIONAL EXCEPTION RULE. - You need to search for the statute or regulation which requires the omission in this type of litigation and reference it in your report. - You must petition the judge for a court order granting permission to omit this portion of the report. - You should ask retaining counsel to provide the statute, regulation, or court order which would preclude the appraiser from complying with this part of USPAP.

You should ask retaining counsel to provide the statute, regulation, or court order which would preclude the appraiser from complying with this part of USPAP.

In litigation, when an appraisal is submitted for evaluation by the court, what can be the outcome of that evaluation? - The appraisal will be found satisfactory and be admitted as evidence. - The appraisal will be found deficient and less weight given to it as evidence. - The appraisal will be found deficient and ruled inadmissible by the judge. - Any of the above could happen.

Any of the above could happen.

You have just finished providing testimony in a deposition about an appraisal report you finished three weeks ago and want to update your workfile with this most recent activity. Which of the following MUST you do to be USPAP compliant? - Write a summary of your testimony to include in the file. - Include a copy of the court reporter's transcript in the file to serve as your summary of the oral report. - Sign and date a new Certification for the workfile regarding the oral report. - Either of the first two choices

Either of the first two choices

Which of the following is "probably the most frequently encountered 'quicksand’ that an appraiser expert witness will encounter during testimony"? - Getting in a heated argument with opposing counsel on cross examination - Forgetting important parts of the analysis of the appraisal - Expressing an opinion about the appraisal prepared for the opposition - Being accused of misrepresenting the credentials on the appraiser’s Curriculum Vitae

Expressing an opinion about the appraisal prepared for the opposition

In the court case where environmental contamination was the issue, which part of USPAP did the court specifically cite as the basis for its decision? - STANDARD 1 - Dealing with the appraisal - STANDARD 2 - Dealing with the appraisal report - Advisory Opinions dealing with the methodology - Frequently Asked Questions dealing with the specific issue

Advisory Opinions dealing with the methodology

You have been retained to serve as a litigation consultant for a lawyer. You are helping him develop questions for cross-examination of the appraiser for the opposition. He asks that you prepare a USPAP compliant review of the appraisal performed for the opposition. Which of the following is the BEST response? - You can accept the assignment, as there is no conflict. - You must reject the request to prepare the review because there is a conflict. - The question about whether developing cross examination questions is "advocacy" prohibiting the appraisal review is unresolved at this time. - None of the above is correct.

The question about whether developing cross examination questions is "advocacy" prohibiting the appraisal review is unresolved at this time.

When must you include a separate Certification in the workfile for an oral report? - Any time you provide an oral report, a separate Certification for that oral report must be put in the workfile. - You only need a Certification for an oral report if you have not previously prepared a written report containing the proper Certification. - The separate Certification is necessary only for an oral report at a deposition. - The separate Certification is necessary only for an oral report at a trial.

You only need a Certification for an oral report if you have not previously prepared a written report containing the proper Certification.

You are preparing a report for a divorce case. Retaining counsel represents the husband in the case. Who should you include as an intended user? - Husband - Wife - Retaining counsel - The Court

Retaining counsel

An attorney has contacted you for an expert witness assignment. She indicates that she needs you to appraise a property which has environmental contamination and is the subject of litigation. The attorney wants you to appraise the property and ignore the environmental contamination in your report. Based on Advisory Opinion 19, which response below would be FALSE? - You could not accept the assignment. - You could accept the assignment on the condition that you identified the environmental contamination and appraised the property using the hypothetical condition that the contamination did not exist. - You would need to describe the condition as it exists and make it clear in the written and oral reports that the appraisal conclusions are not valid if the contamination exists, which it does. - Full disclosure would need to be made to distinguish between what is real and what is "hypothetical."

You could accept the assignment on the condition that you identified the environmental contamination and appraised the property using the hypothetical condition that the contamination did not exist. These assignment conditions would not be acceptable. You could accept the assignment on the condition that you identify the environmental contamination and appraise the property using the hypothetical condition that the contamination does not exist. However, you would need to describe the condition as it exists and make it clear in the written and oral reports that the appraisal conclusions are not valid if the contamination exists, which it does. Therefore, the value conclusion is a theoretical value that the court may use to determine damages, but full disclosure would need to be made to distinguish between what is real and what is "hypothetical."

You have been asked to provide an appraisal for use in litigation, but the attorney did not specify the definition of value you were to use, so you used the standard market definition from FIRREA used for mortgage underwriting appraisals. While you are testifying in court, the opposing attorney points out that the state statutes require that a different definition of market value be used. He tells the judge your appraisal should be excluded because it does not conform to the state statutes. Which statement below is FALSE? - Retaining counsel is responsible for the error, so it is not your fault. - Using the wrong definition could be a fatal error to the report. - The appraisal may be excluded if the judge believes the error was significant. - The weight attributed to the evidence of your appraisal might be reduced.

Retaining counsel is responsible for the error, so it is not your fault.

You are appraising a property for a probate court and have to set your fee. Which of the following would be permissible? - A flat fee like any other appraisal assignment - An hourly fee based on time spent, PLUS direct expenses - A percentage fee based on the appraised value - Any of the above is permissible

Any of the above is permissible In a probate court case, the court can instruct you to use a fee based on the percentage of appraised value. Some state probate courts are authorized to do so. This would be a jurisdictional exception. You would need to explain in your report why your fee is not in compliance with USPAP. Thus, any of the choices would be permissible.

Which of the following sources of instruction would NOT be a basis for the JURISDICTIONAL EXCEPTION RULE in an appraisal prepared for litigation? - Statute passed by the state legislature - Regulation approved by the FDIC - Court order from a presiding judge at the trial - Written instructions from retaining counsel

Written instructions from retaining counsel

You have a client for whom you perform appraisal reviews. The client only wants to have a verbal conversation with you on the results of the reviews, after which he pays your fee. What must you do in this situation to comply with USPAP? - Prepare an appraisal review workfile to adequately support your oral report. - Include in the workfile a summary of what was expressed in the oral report. - Include a signed and dated Certification in the workfile covering the oral report. - All of the above.

All of the above.

Under the Yellow Book requirements, which statement below is true? - The appraisal fee must be competitively bid with at least three appraisers. - The appraiser who testifies in court must have personally verified each comparable sale. - The sales history of the subject must be investigated for at least five years. - The appraisal must have a minimum of six comparable sales.

The appraiser who testifies in court must have personally verified each comparable sale.

You have delivered an appraisal report prepared for a government agency. The agency has instructed you to provide the appraisal report to other government agencies. Does this instruction create a Jurisdictional Exception to the Confidentiality section of the ETHICS RULE? - No. You would need to refuse the request under any condition. - No. The agency is your client and can instruct you to deliver the report to anyone it wishes. - Yes. The official policy of the government agency would give you a basis for a Jurisdictional Exception. - Yes. But you would still need to obtain your client's permission in writing before releasing the appraisal report.

No. The agency is your client and can instruct you to deliver the report to anyone it wishes.

You have given an oral report in a trial about an appraisal you prepared for that litigation. Which statements are TRUE? - You must have either a summary of your oral report (testimony) or a copy of the transcript in the workfile. - You must have a signed and dated Certification for the oral report in your workfile. - Both statements are true - Neither statement is true

You must have either a summary of your oral report (testimony) or a copy of the transcript in the workfile.

You are on the witness stand, under oath. The opposing attorney asks you to render an opinion of value using a hypothetical condition. You believe the hypothetical condition is totally unreasonable and you will not be delivering a credible conclusion if you use it. USPAP prohibits using a hypothetical condition in this manner, so you refuse to do so. The judge then orders you to answer the question using the unreasonable hypothetical condition. How should you respond to the judge's instructions? - You decline to answer and risk being held in contempt of court. - You ask for a recess so you can call your personal attorney for advice before answering. - You answer the question with a statement "for the record" that you are answering "under protest." - You answer without hesitation because the order from the judge is considered “law” for the purpose of the JURISDICTIONAL EXCEPTION RULE.

You answer without hesitation because the order from the judge is considered “law” for the purpose of the JURISDICTIONAL EXCEPTION RULE.

You have appraised a property for Attorney Smith, who represents the plaintiff in litigation for which your appraisal has been performed. You are then approached by Attorney Jones, the attorney representing the defendant in the same litigation. He wants you to prepare a new appraisal of the subject property for his side. Which of the following statements is FALSE? - You could not accept the assignment, as you already have a client in the pending litigation. - You would not be able to use any confidential information obtained from the first appraisal in the second appraisal. - The confidential information learned in the first appraisal would need to be considered "not material" to arriving at a credible conclusion. - The second client would need to be told about the first appraisal before you accepted the second assignment.

The confidential information learned in the first appraisal would need to be considered "not material" to arriving at a credible conclusion.

Which court case addressed the use of a new polygraph test that established the principle that expert witness testimony must use technology which has been "sufficiently established to have gained general acceptance in the particular field in which it belongs"? - Frye v. United States - 1923 - Daubert v. Dow Pharmaceuticals - 1993 - GE v. Joiner - 1997 - Kumno Tire v. Carmichael - 1999

Frye v. United States - 1923

What is the name of the crucial 1993 court case from which came the basic criteria for evaluating expert witness testimony? - Daubert v. Merrell Dow Pharmaceutical - Frye v. United States - GE v. Joiner - Kumho Tire v. Carmichael

Daubert v. Merrell Dow Pharmaceutical

Which court case dealt with the cause of birth defects and is considered the pivotal case which established the guidelines currently used for admitting expert testimony into federal and most state courts? - Frye v. United States - 1923 - Daubert v. Dow Pharmaceuticals - 1993 - GE v. Joiner - 1997 - Kumho Tire v. Carmichael - 1999

Daubert v. Dow Pharmaceuticals - 1993

Which of the following court cases provides a good example of the application of the Daubert tests to a real estate appraisal? - Frye v. United States - 1923 - US v. 14.38 Acres of Land - 1996 - GE v. Joiner - 1997 - Kumho Tire v. Carmichael - 1999

US v. 14.38 Acres of Land - 1996

Which of the following is NOT one of the four parts of the Daubert tests for expert witness testimony? - Included in the Uniform Standards of Professional Appraisal Practice - Peer-reviewed or published in technical/professional publications - Statistical rate of error of methodology is known or predictable - Generally accepted methodology within the scientific or technical discipline

Included in the Uniform Standards of Professional Appraisal Practice

The Daubert v. Dow Pharmaceutical case was a groundbreaking case which has had a significant effect on the admission of expert testimony in the United States. - TRUE - FALSE - -

TRUE

The Federal Rules of Evidence, which govern the use of expert testimony, were instituted: - In the United States Constitution in 1787 - In the 14th Amendment after the Civil War - In 1975, after the Watergate scandal - In common law from England in the 1600's

In 1975, after the Watergate scandal

Which is the court case dealing with expert witness testimony outside of the "scientific" disciplines that affirmed that the rules for the gatekeeper to use to include or exclude expert witness testimony should apply to all experts who base their testimony on "scientific, technical, or other specialized knowledge"? - Frye v. United States - 1923 - Daubert v. Dow Pharmaceuticals - 1993 - GE v. Joiner - 1997 - Kumho Tire v. Carmichael - 1999

Kumho Tire v. Carmichael - 1999

Which court case dealt with an on-the-job cancer claim and confirmed the principle that the trial judge is to serve as a gatekeeper of expert testimony and that the trial judge's decisions are not subject to appeal? - Frye v. United States - 1923 - Daubert v. Dow Pharmaceuticals - 1993 - GE v. Joiner - 1997 - Kumho Tire v. Carmichael - 1999

GE v. Joiner - 1997

What is meant by the reference to the judge in a trial as a "gatekeeper"? - The judge determines who gets to sit in the gallery in the courtroom. - The judge determines what lawsuits get filed in the Court Clerk's office. - The judge determines what expert witness is permitted in the trial. - The judge determines who is acceptable to serve on a jury.

The judge determines what expert witness is permitted in the trial.

Why is Federal Rule 26 considered the most important one in the Federal Rules of Civil Procedure? - It directs the attorney regarding where and how to select the expert witness for a given litigation assignment. - It prohibits the expert witness from expressing improper opinions during trial. - It provides guidance for how the expert witness should respond when receiving a subpoena. - It describes what the expert witness is required to include in the report to ensure admissibility.

It describes what the expert witness is required to include in the report to ensure admissibility.

Which of the Federal Rules of Civil Procedure is most important for the expert witness to understand? - Rule 16 - Pretrial Conferences; Scheduling; Management - Rule 26 - General Provisions Governing Discovery; Duty of Disclosure - Rule 30 - Deposition Upon Oral Examination - Rule 45 - Subpoena

Rule 26 - General Provisions Governing Discovery; Duty of Disclosure

You are preparing an appraisal report to be used in litigation. In putting in the required documents addressed in Rule 26 of the Federal Rules of Civil Procedure, you consider the following items in your past: Book written seven years ago; journal article published 12 years ago; deposition testimony in a case three years prior; trial testimony given one year ago. Which of the above would you be required to include in your appraisal report for use in trial? - Book, journal article, deposition testimony, trial testimony - Book, journal article, trial testimony - Journal article, deposition testimony, trial testimony - Book, deposition testimony, trial testimony

Book, deposition testimony, trial testimony

You are appraising a property for litigation. Retaining counsel tells you that discovery ends on June 30th. Your report is completed and delivered to retaining counsel on July 5th. What might be the result of this difference between the end of discovery and your delivery date? - Your report may not be admissible in the trial. - Opposing counsel will have less time to develop a response to your appraisal report. - You will probably have fewer assignments from this attorney in the future. - All of the above.

All of the above.

You are being deposed. The attorney interrogating you asks a number of questions. Which of the following questions would you be able to refuse to answer without risking discipline from the Court? - What traffic tickets have you received since you were 18 years old? - How many other appraisals on similar property have you completed in the last 10 years? - What was the lowest grade you received in college for a business related course? - None of the above; you would be required to answer each of them.

None of the above; you would be required to answer each of them.

Which of the following is the purpose of the Federal Rules of Civil Procedure? - Establish rules regarding the admission and use of evidence in a Federal trial. - Establish rules governing the conduct of civil actions in a Federal court. - Ensure that parties in a trial behave in a civil manner rather than becoming hostile during the trial. - Distinguish between the procedures in a civil court and a criminal court.

Establish rules governing the conduct of civil actions in a Federal court.

During your first deposition as an expert witness, retaining counsel objects to a question raised by opposing counsel. You attempt to answer the question, but retaining counsel instructs you not to do so. According to Rule 30, the only basis retaining counsel has for requiring you to withhold your answer is: - To preserve a privilege about confidential information - To enforce a limitation that the trial judge has previously imposed - To stop opposing counsel from conducting the deposition in a manner intended to embarrass you - Any of the above would provide legitimate basis for the instruction not to answer

Any of the above would provide legitimate basis for the instruction not to answer

In preparation for trial, you are going to be deposed by opposing counsel. You are to have your appraisal report completed by June 30th. Based on Federal Rule 26, which date would be acceptable for scheduling the deposition? - June 15 - July 5 - July 30 - Either July 5 or July 30

Either July 5 or July 30

You are asked to review an appraisal which was prepared for litigation. Trial is scheduled to start on November 30, and the deadline for discovery was September 1. The appraisal report was delivered to retaining counsel by the opposition on August 28 and to you on September 10. You are to prepare an appraisal review report to be used as a rebuttal report and you will be expected to testify in trial. What is the latest date that you can deliver your appraisal review report to retaining counsel? - September 27 - October 1 - September 1 - November 30

September 27

In a deposition, the appraiser expert witness should state clearly that he or she will not waive the right to review and correct the transcript of the deposition. Why? - The right to read and correct the transcript must be affirmed by the deponent to preserve this right. - This gives the deponent the right to file a motion to appeal statements made in the testimony. - This provides a transcript which can be used as the summary of the oral report for the appraiser's workfile. - Both the first and third choices are correct.

Both the first and third choices are correct.

Which of the following statements is INCORRECT about the gatekeeper function of the trial judge? - The gatekeeper principle was clearly established in the Daubert v. Dow Pharmaceuticals case. - The gatekeeper principle was codified in the Federal Rules of Evidence, Rule 702. - The gatekeeper principle was upheld in the GE v. Joiner case. - Both federal courts and all state courts are bound by the tests established in the Daubert v. Dow Pharmaceuticals case.

Both federal courts and all state courts are bound by the tests established in the Daubert v. Dow Pharmaceuticals case.

According to Rule 702 in the Federal Rules of Evidence, the trial judge, as gatekeeper, can determine whether an appraiser put forth by retaining counsel will be permitted to testify. Which of the following is one of the tests based on Rule 702 that the judge can apply? - The testimony is based upon sufficient facts or data. - The testimony is the product of reliable principles and methods. - The witness has applied the principles and methods reliably to the facts of the case. - All of the above are included in the relevant tests.

All of the above are included in the relevant tests.

According to Rule 608 of the Federal Rules of Evidence, a witness may be impeached based on: - Personal character defects - Specific misconduct - Professional incompetence - Any of the above

Any of the above

According to Federal Rules of Evidence, Rule 704, what is the one opinion that an expert witness may NOT express in his or her testimony? - Opinions about the opposing counsel’s style of questioning - Opinions about the other appraiser's adjustments to comparable sales - Opinions about the ultimate issue of the trial - Opinions about the judge's ruling on an objection

Opinions about the ultimate issue of the trial

You are presenting testimony about your appraisal. As you begin, opposing counsel objects that your market study was based on a market survey by a national real estate research firm and your own personal research. The attorney asks the judge to exclude that part of your report. The judge sustains the objection and instructs you not to refer to the referenced market study in your testimony. According to the Federal Rules of Evidence, Rule 703, you now: - Revisit your conclusions and possibly revise your report before you can testify. - Ignore the judge and testify as you would anyway. - Testify regarding your analysis and conclusions without specific reference to that particular study. - None of the above.

Testify regarding your analysis and conclusions without specific reference to that particular study.

You are waiting to testify in a trial. When the court convenes and the judge asks for opening arguments by the attorneys, one of the attorneys stands and asks the judge to "invoke the Rule." This means that: - You, as a witness to be called during trial, must leave the courtroom. - The expert report you submitted is going to be challenged before opening arguments. - You are going to be subject to a voir dire when it is your time to testify. - You will be served with a subpoena duces tecum before you are permitted to take the stand.

You, as a witness to be called during trial, must leave the courtroom.

Federal Rules of Evidence Rule 612 deals with using written materials while on the witness stand. According to this Rule, which of the following statements is true? - The witness is not permitted to have any written document with him on the witness stand. - The witness may have handwritten notes to refresh his or her memory on the contents of the report while on the witness stand. - Only documents which are previously entered as exhibits can be in the possession of a witness on the witness stand. - None of the above is correct.

The witness may have handwritten notes to refresh his or her memory on the contents of the report while on the witness stand.

What is the purpose of the Federal Rules of Evidence? - To establish the rules governing what evidence can be presented in a Federal trial. - To establish the rules governing the conduct of civil actions in a Federal court. - To ensure that parties in a trial don't try to introduce evidence that would be harmful to the opponents during the trial. - To distinguish between the evidence admissible in a civil court and a criminal court.

To establish the rules governing what evidence can be presented in a Federal trial.

According to the course materials, which series of Rules in the Federal Rules of Evidence is most important for the expert witness to understand? - 100 Rules - 600 Rules - 700 Rules - 900 Rules

700 Rules

Court Cases Summary

Frye v. United States - 1923 - established the "general acceptance" principle Federal Rules of Evidence - Rule 702 - 1975 - established the rule for "scientific, technical, or other specialized knowledge" expert witness testimony Daubert v. Merrell Dow Pharmaceuticals - 1993 - established the four-part Daubert test for evaluating expert testimony GE v. Joiner - 1997 - confirmed the trial judge's gatekeeper role Kumho Tire v. Carmichael - 1999 - expanded the Daubert tests to apply to all disciplines

Which of the following does the course material suggest the appraiser do before appearing to testify to reduce the appearance of bias in his testimony? - Request that a subpoena be issued requiring his testimony - Sit with retaining counsel in the trial before testifying - Include a disclaimer in the appraisal report indicating that there is no "client" for the assignment, thus the report is neutral regarding the litigation - Identify the "intended user" as the jury in the case rather than retaining counsel

Request that a subpoena be issued requiring his testimony

Which of the items below best explains "reverse advocacy"? - Changing the testimony given in court from testimony made in the deposition - Refusing to favor one side or the other in reaching conclusions in the appraisal - Giving the benefit of the doubt to the opposing party in litigation to give the impression of "seeming fair" - Reversing an opinion stated in testimony when challenged during cross examination

Giving the benefit of the doubt to the opposing party in litigation to give the impression of "seeming fair"

In a litigation assignment for eminent domain, you are again working for the State. You have had over 20 assignments for the State in the last 24 months and have had only one assignment in that time for a property owner contesting the offer from the State. On the witness stand, what is likely to happen during cross examination? - You will be accused of favoritism toward the State because of getting so much work from them. - You will be seen as an advocate for the State. - You will be questioned about the total fees you have collected from the State for all your work over the last 24 months. - All of the above are likely approaches under cross examination.

All of the above are likely approaches under cross examination.

According to Ted Whitmer, MAI, there are three possible situations regarding bias or objectivity by an appraiser. Which one of the options below is NOT one of the three? - Unbiased - expert reaches opinion in an unbiased manner and advocates only the expert's position - Bias Develops during Assignment - expert reaches unbiased opinion, but during assignment, unconsciously becomes an advocate for client's position - Bias from the Beginning - expert hired by attorney and advocates for client from beginning - All of them are included in the three options described by Whitmer

All of them are included in the three options described by Whitmer

In a deposition, there are generally at least two attorneys present. Which of the attorneys present represents the appraiser who is testifying as the deponent? - Retaining counsel - Opposing counsel - Both attorneys - Neither attorney

Neither attorney

Which attorney represents the appraiser expert witness? - Retaining counsel - Opposing counsel - Personal counsel - They all represent the appraiser in one way or another

Personal counsel

Because, as an appraiser, you always need to maintain an unbiased appearance regarding the outcome of the case, it is recommended that you always request a ________ that would require you to provide testimony in a deposition or at trial. - Service Papers - Subpoena - Police visit - Second expert witness

Subpoena

Which of the following sequences of classifying the appraiser's role is NOT possible to still maintain confidentiality of the attorney work product? - Begin as consulting expert - change to testifying expert - Begin as testifying expert - change to consulting expert - Begin as testifying expert - continue as testifying expert - Begin as consulting expert - continue as consulting expert

Begin as testifying expert - change to consulting expert

In a litigation assignment as an expert witness, which of the following parties is to be concerned about the appraiser's obligations and exposure to legal or professional liability? - Retaining counsel - Opposing counsel - Trial judge - None of the above

None of the above

In considering appraiser litigation support assignments, which side should the appraiser generally work for? - Plaintiff - Defendant - Government - Equally distributed between plaintiffs and defendants

Equally distributed between plaintiffs and defendants

In the article "Responsibilities of the Appraiser Accepting Legal Instructions”, by Seymour Simon, MAI, the author gave five "Rules of Appraiser-Attorney Responsibilities." Which of the four "rules" listed below is NOT one of these rules? - An appraiser is responsible for interpreting the legal instructions received from an attorney. - The best advice for handling an appraisal problem is obtained from appraisers. - Fundamental positions of the lawyer and appraiser differ. - Points of law are not within an appraiser's competence to research or apply.

An appraiser is responsible for interpreting the legal instructions received from an attorney.

What are the first two questions the appraiser should resolve when approached about a potential litigation support assignment? - Conflicts of Interest and Competency Issues - Time Requirements and Compensation - Competency and Status of the Litigation - Opinion Sought and Conflicts of Interest

Conflicts of Interest and Competency Issues

You have been asked to prepare an engagement letter for an assignment for litigation involving a divorce. The attorney who contacted you is representing the husband in the action. Based on the recommendations of this course, who should be designated as the "client" in the engagement letter? - Husband - Wife - Judge/court - Lawyer representing the husband

Lawyer representing the husband

In litigation, unless specifically instructed by retaining counsel, which of the following would be the most desirable method of communicating with retaining counsel? - Email - Formal letters through USPS - Phone conversations - All are equally desirable

Phone conversations

In evaluating whether you have the competency required to accept a litigation assignment, which aspects of competency need to be considered? - Geography - Property type - Methodology - All of the above

All of the above

In the article "Responsibilities of the Appraiser Accepting Legal Instructions”, by Seymour Simon, MAI, the author gave four examples of instructions which might be given by an attorney that the appraiser could, conceivably, accept. Which of the following is NOT one of these instructions? - Omission of ownership history of the subject property - Existing law and a possible anticipation of new, altered law - Purpose of the appraisal, correlated with need for appraising special items or aspects of ownership - Existing conditions regarding the subject property (zoning, title, easement, etc.)

Omission of ownership history of the subject property

According to the course content, who should be considered the "client" in a litigation assignment? - Property owner - Litigant - Retaining Counsel - It does not matter

Retaining Counsel

What should be the primary means of communication between the appraiser expert and retaining counsel? - Oral - Email - Written letters - Oral unless instructed otherwise by counsel

Oral unless instructed otherwise by counsel

You are asked to appraise an oil refinery involved in litigation. You have never appraised an oil refinery and no one in your firm has. You agree to accept the assignment. Which of the following is (are) you required to do? - Tell the client before accepting that you lack experience in this type of property - Take all necessary steps to obtain the required competency to satisfactorily complete the appraisal - Describe in your appraisal report, which will be delivered to the opposition, that you had no experience and what steps you took to gain the required competency - All of the above

All of the above

You have been asked to accept a litigation assignment for which you believe you are not sufficiently competent. You are required by USPAP to (1) disclose the lack of knowledge/experience before accepting the assignment; (2) complete all steps necessary to complete the assignment competently; and (3) disclose in the report the lack of knowledge/experience in the report, along with steps taken to perform it competently. Which of the three requirements listed would probably have the most significant negative impact on your ability to accept the assignment? - Disclosing the lack of knowledge/experience before taking the assignment - Completing the steps necessary to complete the assignment competently - Disclosing in the report the lack of knowledge/experience and the steps taken to overcome it - All of the above are optional

Disclosing the lack of knowledge/experience before taking the assignment

As you approach the date when you will testify in court, it is recommended that your hourly fees be billed and paid in full with little or no outstanding balance. The reasons for this are: - Opposing counsel will not be able to twist the fact of unpaid fees into a reason for the witness providing favorable testimony under threat of non-payment. - The principle that "the value of one's services diminishes in direct proportion to the time since rendered" and that, if the outcome is not favorable to the client, the client may be less inclined to make a timely payment - Both a and b - none of the above

Both a and b

On the witness stand, an appraiser should never answer any questions from opposing counsel regarding the fact that appraiser is being paid for his or her services. - TRUE - FALSE - -

FALSE

You are on the witness stand and opposing counsel asks the question, "How much are you getting paid for your testimony?" The best response would be: - I am not paid for my testimony! - I am paid $XXX per hour. - You can find out by reading my appraisal report. - I am paid my normal hourly fee to prepare for and answer your questions.

I am paid my normal hourly fee to prepare for and answer your questions.

You are performing an appraisal for litigation and receive instructions which, if followed, would preclude you from complying with all USPAP requirements. Which situation would create a jurisdictional exception under USPAP? - An order from the court to omit the income approach on a shopping center appraisal. - A regulation from the Bureau of Indian Affairs requiring that water rights be ignored for an appraisal of land on an Indian reservation. - An instruction from a judge not to consider or disclose the presence of an underground storage tank on the subject property. - All of these

All of these

What is the most common fee structure or structures by appraisers for litigation assignments? - Flat fee - Hourly fee - Per diem fee - Combination of flat fee and hourly fee OR flat fee and per diem fee

Combination of flat fee and hourly fee OR flat fee and per diem fee

You are performing an appraisal for litigation. Which of these sources could create a jurisdictional exception from the sales history research and analysis requirement of USPAP Standards Rule 1-5? - An order from the court to omit the analysis. - A law that states the appraiser may not consider this analysis. - A regulation from a government agency instructing the appraiser to omit this analysis. - All of these

All of these

An engagement letter for a litigation assignment contains the following items. Which of these would NOT typically be included in an engagement letter for a more typical assignment such as a mortgage loan appraisal? - List of needed documents - Known discovery and trial dates - Definition of value - Property interest to be appraised

Known discovery and trial dates

Which of the following is (are) a reason(s) given for justifying a higher fee for litigation assignments? - The appraiser is putting his or her license on the line by being an advocate. - The appraisal will be reviewed in more detail so the opposition can find weaknesses. - Fees for litigation assignments are hard to collect, so an appraiser has to charge higher fees to make up for uncollected fees. - All of these.

The appraisal will be reviewed in more detail so the opposition can find weaknesses.

According to USPAP, if an appraiser is including the use of a hypothetical condition in an appraisal, the appraiser must also include clearly and conspicuously in the report: - The use of the hypothetical condition only - That the appraiser reserves the right to revise the report if the hypothetical condition is not true - The value of the subject without the hypothetical condition - Both the hypothetical condition and that the use might have affected the assignment results

Both the hypothetical condition and that the use might have affected the assignment results

The general requirements regarding giving an oral appraisal report require which of the following, when a written report has not been previously delivered? - A separate Certification covering the oral report - A pre-existing workfile sufficient to support the oral report - Both a and b - Neither a nor b

Both a and b

In the article "Expert Witness - Preparing Reports for Court", the author lists a number of reasons that appraisal reports are found inadmissible by the courts. Which one of the following is NOT among the list cited in the article? - The report was not provided to the other side in sufficient time. - The report failed to provide an adequate legal description of the subject. - The appraiser has, in reaching an opinion, drawn conclusions of law. - Report strays beyond the appraiser's stated area of expertise.

The report failed to provide an adequate legal description of the subject.

You have been asked to appraise an apartment building for litigation, but the property owner is hostile to retaining counsel's client. In order to gain the information necessary to complete your appraisal, which of the following tools would you most likely utilize? - Interrogatories submitted through retaining counsel - Private investigator hired by retaining counsel - Aerial photographs of the subject from Google - Interviews with tenants as they come and go from the apartment complex

Interrogatories submitted through retaining counsel

When preparing to give testimony in a Federal court, which of the following is a requirement which would apply to the appraiser serving as an expert witness in the case? - Must be 18 years old to testify as an expert - Must be independently retained by the court rather than by one of the parties - Must have been summoned to testify by a subpoena from one of the litigants - Must have previously submitted a written expert report to the court

Must have previously submitted a written expert report to the court

What is one way the appraiser can structure the assignment for litigation that will provide more benefits to the client and save on the expenses? - Having a contingent fee based on the amount awarded to the client in the court decision or settlement - Having a base fee with a bonus for a positive outcome of the litigation - Staging the assignment with an initial oral report before creating the written appraisal report - Agreeing to a scope of work that is less than normal for the type of property and appraisal problem

Staging the assignment with an initial oral report before creating the written appraisal report

Why is it recommended that there be only one signature on an appraisal report submitted for litigation? - The cost to pay two appraisers is excessive. - Coordination with counsel is made more complex when two appraisers work on the same assignment. - The court will need to determine which signers produced which part of the report. - Both appraisers could be called, possibly producing conflicting testimony.

Both appraisers could be called, possibly producing conflicting testimony.

You have been asked to appraise an office building for litigation. The building was constructed two years ago but is still vacant. Retaining counsel instructs you to use only the income approach and provides lease proposals from interested tenants. If all the tenants who have submitted proposals were to sign leases, the building would be 100% full. Which is your course of action in this assignment? - You perform the appraisal using only the income approach - You reject the assignment as not permitting the development of a credible appraisal - You accept the assignment but use the cost and sales comparison approaches in addition to the income approach - Either b or c

Either b or c

Lubet suggests following a four-step approach to the preparation of the appraisal report for litigation. Which one of the items listed below is NOT one of these steps? - Brainstorming Solutions - Information Transfer - Data Development - Organization and Presentation

Brainstorming Solutions

In the preparation of an appraisal report for the court, retaining counsel indicates that he would like to have you prepare "poster board size" exhibits to use in the trial. He asks for certain graphs and charts, enlarged photos of the interior and exterior of the subject, and tables comparing the cost of a recent renovation. Which of the following would you include in the addenda to the report? - Certain graphs and charts - Photos of the interior and exterior of the subject - Tables comparing the cost of the recent renovation - All of the above need to be included

All of the above need to be included

Regarding the content of an appraisal report prepared for litigation, which of the following statements is true? - The report must follow the outline detailed in Federal Rules of Civil Procedure, Rule 26. - The report must follow the outline detailed in the Federal Rules of Evidence, Rule 702. - The report must follow the prescribed outline in USPAP. - There is no prescribed format or outline for an appraisal in any of the above three sets of regulations.

There is no prescribed format or outline for an appraisal in any of the above three sets of regulations.

When the instructor indicates that an appraisal prepared for litigation should have strong support, the reference is to having: - Support for the accuracy of data gathered - Support for the methodology selection and application - Support for the conclusions reached - Support for all of the above

Support for all of the above

Which of the following terms does the instructor highly recommend not be used in an appraisal intended for use in litigation? - Aggressive - Speculation - Neutrality - Domination

Speculation

"Magic words" in a litigation appraisal report are words that: - Create excitement and interest for the reader - May determine whether the conclusions are admissible - Have dual meaning and can provide flexibility in interpretation - Create smooth transitions in the narrative

May determine whether the conclusions are admissible

An appraiser can express his expert opinion in his appraisal report on many things. However, there is one opinion that the appraiser should never express in the appraisal report. What is that opinion? - The ultimate issue of the trial - The merits of the appraisal prepared for the opposition - A USPAP compliant Standard 3 review opinion of his or her own appraisal - The merits of the case as discussed with retaining counsel

The ultimate issue of the trial

Which of the following specifies a required format for the appraisal used in litigation when the appraisal is expected to comply with the correct standard? - Uniform Standards of Professional Appraisal Practice - Uniform Appraisal Standards for Federal Land Acquisitions - Federal Rules of Civil Procedure - Federal Rules of Evidence

Uniform Appraisal Standards for Federal Land Acquisitions

Which of the following principles was not discussed as an issue regarding the selection and use of comparable sales in an appraisal intended for litigation? - The testifying appraiser should personally verify all sales - The comparables used should be able to survive a challenge over admissibility - Geographic proximity of comparables is the primary criterion to use - Offers to purchase the subject which did not close may be usable

Geographic proximity of comparables is the primary criterion to use

You are writing an appraisal report on a very complex assignment. You have carefully researched every detail and performed several corroborating analyses to reach your conclusion. You feel very confident that the report will be overwhelmingly convincing to the judge and jury. Which of the following courses should you take in writing your report? - A summation report with brief references to the details in your workfile - A summation report including the details in a very complete addenda that requires a second volume in the report - A lengthy report with all the details of the analysis as well as conclusions in the narrative sections of the report - The format of the report does not matter as long as the workfile and report are consistent

A summation report with brief references to the details in your workfile

Which of the following is (are) a suggested method(s) of bulletproofing the appraisal report to be used in litigation? - Use the correct "magic words" - Obtain and carefully review all relevant documents in the litigation - Be sure to use only widely accepted computer programs in the analysis - All of the above

All of the above

You are preparing an appraisal on vacant land. Rather than using the traditional method of a matched pair analysis for your adjustments, you decide to use a new method called linear regression analysis, which you learned last month in an appraisal continuing education seminar. Your appraisal will probably be: - Ruled admissible without a problem - Ruled inadmissible for using a methodology that does not pass the Daubert challenges - Ruled admissible if the gatekeeper accepts the recent court decisions about the new linear regression analysis methodology - Ruled inadmissible because the court did not give prior approval to using the newer methodology before you completed your report

Ruled admissible if the gatekeeper accepts the recent court decisions about the new linear regression analysis methodology

In the article titled, "Expert Testimony: Regression Analysis and Other Systematic Methodologies", the authors conclude, regarding the admissibility of methodology in an appraisal intended for litigation: - That linear regression analysis can meet the tests of admissibility - That matched pair analysis can meet the tests of admissibility - That neither linear regression analysis nor matched pair analysis can meet admissibility tests - That both linear regression analysis and matched pair analysis can meet admissibility tests

That both linear regression analysis and matched pair analysis can meet admissibility tests

You are preparing a report for a federal land acquisition project and are required to follow the Standards in the Yellow Book. You are told to expect that it will end up in court. You have selected a number of comparables which are applicable and you are deciding which ones to include in your report. The report is due in two days so you are in the final process of putting everything together. Which of the following comparables could you include in the report without risking the possibility of the appraisal being ruled inadmissible? - A sale which you personally verified with the buyer by phone two weeks ago - A lease verified by an associate in your office two months ago - A sale obtained from a colleague appraiser from another office which he said he confirmed just last week - All of the above could be included

A sale which you personally verified with the buyer by phone two weeks ago

Under the Uniform Appraisal Standards for Federal Land Acquisitions (the "Yellow Book"), the appraiser who is testifying in court must have personally verified the sales. - TRUE - FALSE - -

TRUE

When two appraisals are prepared for the same litigation, one for each of the litigants, there often is a disagreement between the two appraisal conclusions. Which of the following choices is most frequently the reason for the differences? - Different comparables - Different levels of competency - Different theories for solving the appraisal problem - Different levels of ethics and integrity

Different theories for solving the appraisal problem

When two appraisals are prepared for the same litigation, one for each of the litigants, the most frequent reason for disagreement between the two appraisal conclusions is that each appraiser used different comparable sales. - TRUE - FALSE - -

FALSE

The appraiser needs to understand that an appraisal used in litigation will be used in an adversarial environment. For this reason, the appraiser needs to write the report so that it will withstand the scrutiny from the opposing party. This process is referred to in this course as: - Insuring - Bulletproofing - Supporting - Insulating

Bulletproofing

The reference to "legally sufficient" regarding the content of an appraisal in litigation has to do primarily with which of the following? - Methodology - Terminology - Format - Comparability

Methodology

Oral appraisal reports in a litigation assignment will be delivered in which of the following circumstances, which then may require a summary or transcript in the workfile along with a signed certification? - In a private conference to retaining counsel - In deposition to opposing counsel - In trial to the Trier of Fact - In all three of the above circumstances

In all three of the above circumstances

Why is it so important for the appraiser expert witness to know the exact date of the end of Discovery? - An appraisal report delivered after that date may not be admissible. - After that date, the appraiser is not permitted to learn more about the property. - The attorney must list the appraiser on the witness list by this date. - This date begins the "countdown" for the beginning of trial.

An appraisal report delivered after that date may not be admissible.

Which of the following is not considered "Confidential Information" in the Discovery process? - Attorney-Client communications - Husband-Wife communications - Physician-Patient communications - Appraiser-Client communications

Appraiser-Client communications

"One way to protect confidential information, and other information that the appraiser may not want disclosed, personal or professional, would be to request a protective order from the court." This describes: - Contempt of court - Protective order - Duces Tecum - Solicitation for Support

Protective order

After receiving a subpoena duces tecum, the appraiser expert witness can NOT do which of the following? - Appeal for a protection order for certain documents - Organize the workfile documents so they will not be misleading - Destroy papers that have notes from phone conversations with retaining counsel - Deliver the workfile to retaining counsel instead of to opposing counsel

Destroy papers that have notes from phone conversations with retaining counsel

"A set or series of written questions drawn up for the purpose of being propounded to a party, witness, or other person having information of interest in the case." This is the definition of: - Deposition - Discovery - Investigations - Interrogatories

Interrogatories

The pre-trial process that involves gathering documents and information about the opposition’s case in litigation is referred to as: - Discovery - Deposition - Interrogatory - Research

Discovery

Unless otherwise stipulated by the trial judge, the deadline for Discovery is how many days before the trial date? - 30 days - 60 days - 90 days - 120 days

90 days

According to the Federal Rules of Civil Procedures, when must the appraiser’s expert witness appraisal report be completed? - Before being listed on retaining counsel's witness list - within 30 days after deposition - Before testifying in trial - A written report is not required for a litigation assignment

Before testifying in trial

As far as the appraiser is concerned, which of the following is considered the most important part of Discovery? - Interrogatories - Deposition - Placement on Witness List - Confidentiality

Deposition

Which of the following items is NOT subject to Discovery by the opposition in litigation? - Appraiser's workfile - Appraiser's license disciplinary history - Lawyer's work product - Lawyer's conversations with testifying expert

Lawyer's work product

According to the rules of Discovery, which of the following would NOT be permitted to be required from the opposing party in litigation? - Personal information about the expert witness - Dates of conversations with retaining counsel - Content of conversations with retaining counsel - None of the above would be protected from Discovery

None of the above would be protected from Discovery

A subpoena duces tecum requires: - The appraiser to appear at a specific place at a specific date and time - The production of documents identified in the subpoena - The production of the attorney's work product - The delivery of the appraiser's appraisal report to the court clerk

The production of documents identified in the subpoena

Which of the following is NOT a type of exhibit to be used during trial testimony as discussed in the course material? - Demonstrative Exhibits - Illustrative Exhibits - Tangible Objects - Tactile Exhibits

Tactile Exhibits

When there is an objection made by one of the attorneys in a deposition, what should the expert witness do? - Wait for the judge to rule before proceeding - Let the objection be properly noted "on the record" by counsel and the court reporter, and then answer the question. - Answer the question in a vague or generic way, so as not to provide any information that could later be used to discredit the appraiser - File a complaint against the attorney for "bullying"

Let the objection be properly noted "on the record" by counsel and the court reporter, and then answer the question.

Which of the following parties is NOT listed in the course description of people involved in a deposition? - Judge - Court Reporter - Retaining Counsel - Opposing Counsel

Judge

What percentage of civil lawsuits, where a complaint is filed with the court, actually get to trial? - 92% - More than 80% - Less than 20% - 8%

Less than 20%

You are giving testimony in a deposition. A question is posed, retaining counsel stops your answer and makes the statement, "I am instructing you not to answer that question." Your response should be: - Proceed to answer the question just as you would with an "objection" - Refuse to answer the question at the risk of "contempt of court" charges - Temporarily decline answering until the attorneys agree or a court order has been issued about the question - Ask to go "off the record" to consult with retaining counsel

Temporarily decline answering until the attorneys agree or a court order has been issued about the question

Which of the following lists is the typical sequence of events in a deposition? - Identify the witness, Swearing in, Qualifications, Appraisal substance - Swearing in, Identify the witness, Appraisal substance, Qualifications - Identify the witness, Swearing in, Appraisal substance, Qualifications - Swearing in, Identify the witness, Qualifications, Appraisal substance

Swearing in, Identify the witness, Qualifications, Appraisal substance

During breaks in the deposition, the expert witness should: - Inquire from opposing counsel about his or her questioning - Consult with retaining counsel about the progress of questioning - Avoid anything but casual, unrelated conversation with others - Discuss technical issues with the Court Reporter

Avoid anything but casual, unrelated conversation with others

How should an appraiser expert witness handle the issue of a subpoena to testify in deposition and trial? - If a subpoena is issued, he or she must appear as ordered. - If not initiated by the lawyers, the appraiser should request that a subpoena be issued demanding his or her appearance. - If a subpoena is received, the appraiser should provide a written acknowledgement of its receipt. - Both a and b.

Both a and b.

"A procedural device available for prompt and expeditious disposition of controversy without trial when there is no dispute as to either material fact or inferences to be drawn from undisputed facts, or if only question of law is involved" is the definition of ___________ in the litigation process. - Summary Judgment - Court Decree - Motion to Dismiss - Voir Dire

Summary Judgment

It is recommended that the appraiser bring the "authorities" relied on in the appraisal to the deposition. The reason(s) for this is (are): - To discourage any contemplated Daubert challenge by opposing counsel - To reference if the appraiser forgets an answer on methodology - To prove that the appraiser based his or her work on accepted methodology - Both a and c

Both a and c

The basic principle of answering questions in a deposition is: - Less is better than more - Take the opportunity to teach opposing counsel - Wait for objections from retaining counsel before answering questions - Be sure to defend your appraisal if challenged

Less is better than more

Which of the following should be done by the appraiser while preparing for a deposition? - Review all relevant dates in the assignment, including first contact by retaining counsel - Review any transcripts of other experts who have testified before you - Review your CV to be sure it is complete and current - All of the above should be part of preparation

All of the above should be part of preparation

"That evidence addressed directly to the senses without intervention of testimony. Such evidence is concerned with real objects which illustrate some verbal testimony and has no probative value in itself." This is the official definition of what kind of exhibit as discussed in this course? - Demonstrative Exhibits - Illustrative Exhibits - Tangible Objects - Learned Treatises

Demonstrative Exhibits

Which of the following was (were) mentioned in the course materials as a way(s) that the expert's report and testimony may be challenged and excluded from the evidence? - Expert's competency - Daubert challenge - Rule 403 - All of the above were mentioned

All of the above were mentioned - Expert's Competency, Daubert Challenge, Lack of Report or Workfile, Flawed Underlying Data, Testimony Based on Inadmissible Evidence, Non-compensable items, Rule 403, Discovery sanctions. Rule 403 - Allows exclusion of relevant evidence if its probative value is outweighed by prejudice, confusion, or waste of time.

Which of the following would be considered to have a negative impact on the appraiser's appearance in court? - Rambling answers - Varied format - Conversational language - Use of analogies

Rambling answers

The course materials discussed both positive and negative aspects of the appearance and demeanor of the appraiser while testifying. Which of the following would be considered to have a negative impact on the appraiser's appearance in court? - Business attire - Hesitation - Conversational language - Concise organization

Hesitation

Mannerisms can have a negative impact on the appraiser's communication from the witness stand. Which of the following was suggested as a good way to discover and eliminate negative mannerisms? - Read the book How to Become a Dangerous Witness - Hire a communications consultant - Ask your spouse what irritates him or her - Videotape a practice interrogation

Videotape a practice interrogation

When testifying in a courtroom, an appraiser should dress like the attorneys who are involved in the case. - TRUE - FALSE - -

TRUE

According to the downloaded article "When an Appraiser Takes the Stand," if you are working in a litigation support role and the case settles before it gets to trial, - Your time has not been wasted - You should collect only part of your fees - You did not do an adequate job on the appraisal - You should feel deprived by not getting to testify in trial

Your time has not been wasted

You are waiting in the courtroom as the trial begins. One of the attorneys stands and asks the judge to invoke “the RULE." This means that: - The State rules will supersede the use of Federal rules when they are in conflict. - The Federal Rules of Civil Procedure will be adopted and used. - You will not be permitted to be in the courtroom when it is in session. - The plaintiff will elect to defer presentation of their case until the defendant presents his or her case.

You will not be permitted to be in the courtroom when it is in session.

Regarding attire for court testimony, which of the following is the recommended policy for the expert witness? - Mirror the lawyers' style - Always wear a business suit or equivalent - Dress like the "locals" dress - Dress in a way that will impress the jurors

Mirror the lawyers' style

Which of the following would be considered to have a negative impact on the appraiser's appearance in court? - Varied format - Constant self-references - Conversational language - Use of analogies

Constant self-references

- The theme of the opposing counsel should be challenged by calling it a "fable" - The appraiser needs to be a good story-teller - Attorneys have a habit of telling little "fibs" during the trial - He has a trial strategy and the witness should understand it

The appraiser needs to be a good story-teller

In qualifying as an expert, the witness must satisfy the judge that he or she has the required knowledge, skill, experience, training, and education. The function of the judge to admit or deny the witness' right to express opinions as an expert is called: - Judge advocate - Gatekeeper - Jury filtration process - Voir Dire

Gatekeeper

What is the primary difference in the methods of questioning between the Direct Examination and Cross Examination? - Direct involves opposing counsel and Cross involves retaining counsel. - Direct involves non-leading questions and Cross involves leading questions. - Direct involves leading questions and Cross involves non-leading questions. - Direct is involved with accepting the appraiser as an expert and Cross involves the expert explaining his appraisal report.

Direct involves non-leading questions and Cross involves leading questions.

In trial "legalese", the term "CV" refers to which of the following? - Curriculum Vitae - Critical Veracity - Commitas Vitalis - Comparable Verification

Curriculum Vitae

You are getting ready to answer a question on the witness stand, when the employing attorney objects. What should you do? - Stop speaking immediately - Answer the question and then wait for the judge to rule on the objection - Look to the attorney who asked the question for instructions on whether to answer it - All of the above should happen

Stop speaking immediately

The course material presented a table with the parties in Direct Examination and their goals. Which of the following is NOT one of the goals stated for the appraisal expert? - Convince the jury that his or her position is correct - Avoid volunteering unnecessary information - Educate the jury as to why the expert's opinion is correct and reasonable - Maintain a calm and polite demeanor

Convince the jury that his or her position is correct

Which of the lists below contains the complete list of items the gatekeeper/judge can use to decide whether to admit a witness as an expert? - Knowledge, skill, experience, training, education - Designations, college degrees, memberships, experience - Skill, experience, designations, education - Knowledge, experience, training, education, credentials

Knowledge, skill, experience, training, education

When an objection is made by one of the attorneys during your testimony on the witness stand in court, what is the first thing you should do? - Stop speaking immediately - Listen to the arguments about the objection and make a ruling - Answer the question quickly before the judge stops you - Wait for the opposing attorney to rule on the objection

Stop speaking immediately

Which of these should be a goal for the appraisal expert? - Avoid volunteering unnecessary information - Educate the jury as to why his or her position is correct - Avoid advocacy or the appearance of advocacy - All of these

All of these

In a trial, you are discussing the comparable sales you have used and opposing counsel asks, "Tell us how the sale comparables you used are superior to the sale comparables used by our appraiser, and how that makes your report more reliable." You answer, "The other appraiser failed to select my comparables 1 and 2, which means that the other appraisal did not consider the best comparables, making his decisions less reliable." Which of the following describes what your testimony includes? - A) An oral appraisal review report of the other appraisal - B) A harmless statement which does not create any USPAP compliance issues for the appraiser - C) A violation of USPAP for issuing an oral appraisal review report without a previously created workfile to support the appraisal review - D) None of the above

A) An oral appraisal review report of the other appraisal

What is considered the most dangerous trap which can be set for the appraiser expert witness under cross examination? - Questions about condition of the subject property - Questions involving a hypothetical condition - Questions about comparable sales verification - Questions about appraiser's qualifications and competence

Questions involving a hypothetical condition

Complete the following quotation made by J.D. Eaton, MAI, SRA. "The ultimate goal of ___________ is to destroy the witness's ____________ completely." - Direct examination/shyness - Cross examination/appraisal - Cross examination/direct testimony - Direct examination/inhibitions

Cross examination/direct testimony

Why is the "It depends" answer the best way to defuse opposing counsel's cross examination questions and achieve a stalemate? - It eliminates the simple "yes" or "no" answer to a leading question. - It permits the witness to give a full explanation about "on what the answer depends." - If counsel ignores the response and moves on, he or she is implicitly admitting to the jury that he or she lost that round. - All of the above are valid reasons for using this answer.

All of the above are valid reasons for using this answer.

On re-direct examination, retaining counsel can ask only what kind of questions? - Leading questions - Questions about appraiser's qualifications - Items covered in cross examination - Items covered in direct examination

Items covered in cross examination

What is (are) the main difference(s) between the appraiser's testimony in deposition and the testimony in the trial? Opposing counsel is asking the questions in both settings. What would be different about the trial? - In deposition, opposing counsel is on a "fishing trip." - In trial, there is a new audience - judge and jury. - In trial, the appraiser should look for teaching opportunities. - All of the above

All of the above

The hypothetical question on cross examination is one of the most dangerous traps for the appraiser expert witness during testimony. Why? - It poses a possible USPAP violation while under oath. - It can destroy the credibility of the witness’ appraisal. - It can provide outside support for opposing counsel’s trial strategy. - All of the above are potential dangers.

All of the above are potential dangers.

During cross examination, when opposing counsel asks, "How much are you being paid for your testimony in court today?", counsel wants to: - Learn your fee schedule for competitive bidding on the next job - Show the jury how wealthy you are, showing that you are not their "peer" - Use your fees in an attempt to impeach your testimony - Compare your fees to the fees he or she paid to his or her expert witness

Use your fees in an attempt to impeach your testimony

What did the instructor mean with the comment that the witness on cross examination should always attempt to "qualify" simple answers? - Opposing counsel is not a trained appraiser so he or she needs more help to understand the answers. - The jury is less informed and needs more information to properly interpret the information. - The judge will need the additional information to make his or her rulings. - A simple yes or no answer may give a level of certainty that could be turned against the appraiser's testimony later.

A simple yes or no answer may give a level of certainty that could be turned against the appraiser's testimony later.

According to the course content, the most important single goal of the appraisal expert during cross examination is to: - Avoid advocacy or appearance of advocacy - Avoid giving unnecessary information - Educate the jury as to why the expert's opinion is correct and reasonable

Avoid advocacy or appearance of advocacy

The course indicates that there are at least six attributes that attorneys look for in an expert witness. Which of the following is NOT one of these six attributes? - Technical skills - Qualifications - Communication skills - Availability

Technical skills

You are testifying in court. The opposing counsel is especially hard on you and returns to the same question numerous times to see if you will change your answer. One of the more probable reasons he is doing this is: - He is a jerk - He does not believe your answers - He is testing you because he may want to use you in the future - None of the above

He is testing you because he may want to use you in the future

You have just completed a shopping center appraisal with an in-depth "Level D" market analysis. You decide that you would like to use that work to increase your litigation business. What could you do with that study to accomplish this goal? - Send a copy of the report to your attorney contacts - Lift out the market study, sanitize it, and release it to the local newspaper - Call the local TV news anchor and let him or her know you are available for an interview on the topic - Answers b and c only

Answers b and c only

The article entitled "Expert Blogs: Loose Lips Sink . . . Trials?" indicated that there are potentially negative outcomes from an expert witness practitioner participating in the blogging on the internet. Which of the following points are among the negatives stated by the author? - Casual statements made on the blog can be used for impeaching the witness. - Some attorneys would never hire an expert who has a blog as it offers many ways the expert can be "hanged." - Comments of the blogger on personal interests or hobbies could be used against the expert. - All of the above are mentioned.

All of the above are mentioned.

There are many types of people who hire expert witnesses. Which person most frequently makes the hiring decision? - Attorney in charge of the case - Paralegal - Insurance Company representative - Judge

Attorney in charge of the case

In considering different approaches to marketing your expert witness practice, you look at both referral agencies and expert witness directories. You discover that one of the differences between the two is: - The referral services charge a fee to be listed - The referral services take a share of your expert witness fees - The referral services will generate more business for you - All of these

The referral services take a share of your expert witness fees

According to an expert who works with marketing experts, what is the most important single thing that attorneys look for in an expert witness? - Communication skills - Professional expertise - Writing skills - Comfort

Comfort

Which of the four sources listed below is most likely the first place an attorney needing an expert will look for one? - Referrals from other attorneys - Professional directories - Internal database of the law firm - Referral agencies

Internal database of the law firm

You are working on a litigation assignment that was received from an expert witness referral agency. You have agreed that the agency can collect your fees for you and keep 20 percent of the fee for their administrative services. You wonder whether this fee-sharing structure needs to be disclosed in the appraisal report and discover that: - USPAP Management Section of the ETHICS RULE may require disclosure in the report - Federal Rule 26 requires that the compensation charged for the study must be disclosed - Appraisal licensing boards may apply the USPAP disclosure requirements to this structure - All of the above

All of the above

All of the above - When a referral agency shares in the appraisal expert witness fees in exchange for obtaining expert witness assignments for him or her, the fee-sharing arrangement should be disclosed in the appraisal report. There is no clear statement in USPAP on this specific arrangement, but the appraiser should assume that licensing boards would decide against the appraiser if it became an issue. Further, Federal Rule 26 requires that the compensation be disclosed in the expert's report. All of these factors being present, a prudent business person would probably decide that disclosure would be the prudent course.

Comfort - The attorneys can be comfortable with the expert knowing that the expert has done his homework, can communicate the results of the homework effectively, and has a personality which will be appealing. In addition to the expertise, there needs to be the right "chemistry" between the expert and the attorney.

According to the study on expert witness fees, what typically happens when a deposition time extends beyond the period covered in the initial pre-payment of the deposition fees? - 23% of experts refuse to continue without additional payment; 77% continue and expect the balance after deposition concludes - 77% of experts refuse to continue with additional payment; 23% continue and expect the balance after deposition concludes - Most experts disregard the time and worry about it after the deposition is over - None of the above is correct

23% of experts refuse to continue without additional payment; 77% continue and expect the balance after deposition concludes

According to the study on expert witness fees, the average hourly fees for all non-medical experts was $_____ , and for medical experts it was $_____ , as of the date of the 2009 study. - $150 / $275 - $248 / $555 - $276 / $388 - $355 / $411

$248 / $555

What is a Lock-Up fee? - A fee that is held in escrow until final resolution of the litigation - A fee paid by an attorney to spring an appraiser from prison after he perjured himself - A fee paid to an expert to compensate the expert for loss of business by not being able to work for the opposition in a pending case - None of these

A fee paid to an expert to compensate the expert for loss of business by not being able to work for the opposition in a pending case

According to the study on expert witness fees, which of the following problems "commonly faced by experts" can be solved with a non-refundable retainer? - Case settling before the expert can accrue enough time to justify adequate fees - Being conflicted out of the possibility of working for the opposition by being exposed to confidential information - Delay in having monthly invoices paid when due - None of the above

Being conflicted out of the possibility of working for the opposition by being exposed to confidential information - A problem commonly faced by experts is being named as an expert in a case for the sole purpose of "conflicting the expert out" and denying the opposing sides the expert. One way to mitigate this problem is to require a nonrefundable retainer prior to reviewing any documents or doing any work on a case. 44% of all experts who require a retainer have their retainer be non-refundable.

In setting the fee structure, when would an appraiser be able to use a contingent fee structure in litigation? - Never - contingent fees are prohibited by USPAP - When appraising for some probate courts - When retaining counsel wants to put a reward or bonus into the fee structure if counsel wins the case - When it is uncertain how long it will take to fully resolve the litigation case

When appraising for some probate courts

You are writing an appraisal report for use in a Federal District court. The assignment was obtained from a source that required a fee that must be disclosed based on the ETHICS RULE, Management Section. Where in the report are you going to disclose the fee that you have paid or will pay to the source of the assignment? - In the Letter of Transmittal - In the Certification - In the Summary of Salient Facts - Both a and b

Both a and b

Which of the following approaches to fees would probably generate more expert witness assignments and higher revenue? - Lower hourly and flat fees and promote yourself more - Raise hourly and flat fees and continue the same marketing approach - Raise flat fees and lower hourly fees - Raise hourly fees and lower the flat fee for the appraisal report

Raise hourly and flat fees and continue the same marketing approach

The USPAP ETHICS RULE - Management - indicates that "An appraiser must disclose that he or she paid a fee commission, or gave a thing of value in connection with the procurement of an assignment." How does this apply to an appraiser listing on an online directory of expert witnesses to obtain assignments? - It is the same as paying to be included on a lender's appraiser panel. - There is no direct application to the appraiser paying for a listing in an online directory. - If the fee exceeds $25 for the listing, the fee paid must be reported in any assignment coming from that directory. - It is uncertain - the Appraisal Foundation has not issued an answer to this question yet.

It is uncertain - the Appraisal Foundation has not issued an answer to this question yet.

Why is it advisable for the expert witness to have all expert witness fees charged before the deposition or court testimony be paid in full before entering the deposition or the courtroom? - It will help minimize "slow pay" by the client if the testimony does not go well for the client. - It will minimize the possibility of opposing counsel finding a way to impeach the witness for bias because of the unpaid fees. - It is sound business practice. - All of these

All of these

When appraising for some probate courts - Some probate courts’ rules require the appraisal fee to be based on a percentage of the value conclusion. If this is encountered, the appraiser will, of course, need to invoke the Jurisdictional Exception Rule in the appraisal report.

You are considering seeking out speaking engagements that will either directly or indirectly generate litigation support assignments. Which of the following speaking engagements would probably have the most direct result of generating potential expert witness assignments? - State real estate convention discussing market trends - Kiwanis Club meeting discussing a specific downtown redevelopment project - State Bar convention discussing USPAP and its application to litigation assignments - Political gathering speaking about private property rights in the U.S. Constitution

State Bar convention discussing USPAP and its application to litigation assignments

What is the definition of a Curriculum Vitae? - A legal pleading designed to gather information from a legal opponent - A feature in the Federal Rules of Civil Procedure that stipulates how an objection can be made in a trial - A formula for designing a trial strategy in civil litigation - A definitive presentation of an expert's qualifications for qualifying as an expert in a trial

A definitive presentation of an expert's qualifications for qualifying as an expert in a trial

In preparing your CV, you recall that the Civil Rules of Civil Procedure, Rule 26, require that, in your expert report, you need to include all publications authored in the previous 10 years and all cases in which you testified as an expert at trial or deposition in the previous 4 years. In your CV, which of the following MUST you include? - A journal article you published 12 years ago - A trial testimony experience 5 years ago - A deposition testimony experience 3 years ago - All of these must be included

A deposition testimony experience 3 years ago

In preparing your CV, you recall that the Civil Rules of Civil Procedure, Rule 26, require that, in your expert report, you need to include all publications authored in the previous 10 years and all cases in which you testified as an expert at trial or deposition in the previous 4 years. In your CV, which of the following would you include? - A journal article you published 8 years ago - A trial testimony experience 3 years ago - A deposition testimony experience 5 years ago - Any of these could be included

Any of these could be included

According to Rosalie Hamilton, known as "the Expert's Expert on Marketing," which of the following is considered the "tie-breaker" when attorneys select experts based on the contents of their CVs? - Professional designations - Work experience - Teaching experience - Publications and presentations

Publications and presentations

A list of suggested content for the CV is presented in the course materials. Which of the list below is NOT part of the suggested content for the CV? - Leadership positions held - Income level and tax bracket - Speaking engagements - Professional education

Income level and tax bracket

Items to be included on the CV to convince attorneys of the ability of the expert to communicate would include which of the following? - Listing of the college degrees - Work history, with details of job descriptions - Speaking engagements not related to real estate - None of the above would serve the purpose

Speaking engagements not related to real estate

What is another term for Curriculum Vitae? - Course syllabus - Website - Formal charging document - Professional resume

Professional resume

A long list of suggested content for the CV is presented in the course materials. Which of the list below is NOT part of the suggested content for the CV? - Hobbies and extra-curricular interests - Awards received - Professional education - Published articles or books

Hobbies and extra-curricular interests

Witness Flashcards

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