Expert Testimony and Legal Standards Quiz

<p>To disclose the entire factual basis unless it's privileged information. (C)</p> Signup and view all the answers

<p>Some evidence may be excluded unless proven otherwise. (D)</p> Signup and view all the answers

<p>Witnesses must have first-hand knowledge or perception of the matter. (B)</p> Signup and view all the answers

<p>Reliance on second-hand information is allowed if other experts would find it reasonable. (B)</p> Signup and view all the answers

<p>A witness states that they did not see a gun in the defendant's hand because they believed it was stashed away. (B)</p> Signup and view all the answers

<p>Expert testimony involves specialized knowledge that lay witnesses do not possess. (B)</p> Signup and view all the answers

<p>A relationship that exceeds what a lay witness can ascertain. (A)</p> Signup and view all the answers

<p>Witnesses are allowed to express their opinions as long as they are well-founded. (A)</p> Signup and view all the answers

<p>The obligation to disclose applies only if directly questioned. (A)</p> Signup and view all the answers

<p>Stating that Bill hadn't been dead for long based on observed conditions. (A)</p> Signup and view all the answers

<p>It directly theorizes guilt, influencing the jury's decision. (A)</p> Signup and view all the answers

<p>It does not specify which criteria were used for comparison. (A)</p> Signup and view all the answers

<p>Experts must provide testimony based on thorough reasoning that applies increasingly technical principles. (B)</p> Signup and view all the answers

<p>The admissibility of their silence in court (C)</p> Signup and view all the answers

<p>A company lawyer (A)</p> Signup and view all the answers

<p>The agent must have prior authority to speak for the principal (B)</p> Signup and view all the answers

<p>Removing ice is outside the scope of the accounting employee's job (A)</p> Signup and view all the answers

<p>801(d)(2)(C) requires the agent to have authority to speak (A)</p> Signup and view all the answers

<p>A sales rep discussing quarterly profits during a company meeting (B)</p> Signup and view all the answers

<p>That a reasonable person would have protested their innocence (D)</p> Signup and view all the answers

<p>Whether the employee was authorized to speak (D)</p> Signup and view all the answers

<p>A reasonable person in the declarant's position would not have made the statement unless believing it to be true. (C)</p> Signup and view all the answers

<p>Making a statement to a friend that could damage one's reputation. (C)</p> Signup and view all the answers

<p>Corroboration is mandatory if the statement is used to incriminate the declarant. (C)</p> Signup and view all the answers

<p>When only part of the statement implicates the declarant directly. (B)</p> Signup and view all the answers

<p>People will not make self-damaging statements unless they are certain of their truth. (A)</p> Signup and view all the answers

<p>It can be viewed as an attempt to gain favor with authorities. (A)</p> Signup and view all the answers

<p>It qualifies as a statement against interest. (B)</p> Signup and view all the answers

<p>Being mocked in front of peers. (C)</p> Signup and view all the answers

<p>The document must be created in the ordinary course of business and near the time of the event. (C)</p> Signup and view all the answers

<p>A memo documenting a rare animal attack by a conservation organization. (B)</p> Signup and view all the answers

<p>Business records require proximity in time to the event, while public records do not. (C)</p> Signup and view all the answers

<p>Payroll records from a government department. (D)</p> Signup and view all the answers

<p>Testimony from a witness or a written declaration by a knowledgeable person. (D)</p> Signup and view all the answers

<p>Documented by a department head. (B)</p> Signup and view all the answers

<p>Minutes from a school board meeting. (C)</p> Signup and view all the answers

<p>Records should be examples of routine transactions. (C)</p> Signup and view all the answers

<p>That there was no event or shipment on that specific date (C)</p> Signup and view all the answers

<p>Records of religious organizations (B)</p> Signup and view all the answers

<p>Family records such as genealogies (C)</p> Signup and view all the answers

<p>Certificates of marriage (D)</p> Signup and view all the answers

<p>The authenticity of the document must be established (C)</p> Signup and view all the answers

<p>It requires a certification that no records were found (A)</p> Signup and view all the answers

<p>Market reports and commercial publications (D)</p> Signup and view all the answers

<p>Rule 803(10) (A)</p> Signup and view all the answers

Testimony from a witness who describes something based on their firsthand observations, using common understanding and not specialized knowledge.

A requirement for lay witness testimony; the witness must have directly perceived the event or thing they are describing.

Lay witnesses can offer opinions based on their observations, but opinions should be grounded in factual observations and not speculation.

Lay witnesses can express inferences that are common concepts. For example, stating that something was happening quickly or saying something looks big.

Testimony from a person with specialized knowledge, skills, or training on a topic. This is different from lay opinion.

A lay witness offering an opinion that's not directly based on their perception, or something involving speculation (guessing).

Testimony that usurps the jury's fact-finding role.

Testimony requiring specialized knowledge and outside of the witness's expertise.

Expert opinions can be based on facts perceived by the expert (first-hand) or facts known to the expert (second-hand), provided other experts in the field would reasonably rely on them. These facts don't need to be admissible in court for the expert's opinion to be admitted.

Facts personally observed or perceived directly by the expert. Example: A pathologist examining a body.

Facts learned through reports, testimony, or other means, not directly observed. Example: Reading medical records.

The requirement that other experts in the field would use similar facts to form an opinion.

A witness allowed to share specialized knowledge. They are the only witness who can provide opinions.

The rule explaining the basis of expert witness testimony.

Information about an event a witness did not personally observe. May form a part of an expert's opinion.

An evaluation whether the probative value of a hearsay element is outweighed by the risk of prejudice.

In a criminal case, remaining silent after invoking the Fifth Amendment right to remain silent is not admissible evidence, though pre-arrest silence might be if a reasonable person would have spoken to protest innocence.

A statement made by a person whom a party authorized to speak on the subject.

Spokespersons, press agents, sales representatives, and lawyers are examples of authorized speakers.

A truck driver is generally NOT an authorized speaker.

A statement made by an agent or employee concerning a matter within the scope of their employment, made while still employed.

The range of activities an agent is authorized to perform as part of their job.

Statements made by authorized or employed individuals are admissible, regardless of whether the statement occurs during a work setting or a casual setting.

A statement made by an employee about conditions of the resort by an employee from the accounting department is inadmissible if the statement is made unrelated to the employee's duties.

Allows certain business records to be admitted as evidence, even if they would normally be hearsay, because they're considered reliable.

To be admissible, a business record must document an event, be made at or near the time of the event, by someone with knowledge, and be created in the regular course of business.

A memo written by a Wild Canid employee reporting an animal attack on a child wouldn't be admissible as a business record because animal attacks are not part of their regular business activities.

Once a record qualifies as a business record, it still needs to be authenticated to be admissible. This can be done through witness testimony or a written declaration.

Allows certain public records to be admitted as evidence, even if they would normally be hearsay, without needing to prove their reliability as strictly as business records.

Public records don't require the record to be made at or near the time of the event or that it's a regular practice to create such a record.

Federal agency reports, title/deed records, school board minutes, payroll, inventories, disbursements, etc.

This refers not only to public records but also to internal operations of a government department, like payroll records.

An out-of-court statement made by a person that is against their own best interests, making it more likely they were telling the truth.

This refers to a person's financial or ownership interests. A statement against interest must harm these interests to be admissible.

For a statement to be against interest, a reasonable person in the declarant's position would not have made it unless they believed it was true.

When a statement against interest is used to incriminate the declarant, the statement requires additional evidence to support its truthfulness.

The statement must directly harm the declarant's interests, like losing money or facing jail time. Statements causing 'hatred, ridicule, or disgrace' don't count.

Statements made while in custody may be unreliable because people might say things to curry favor with authorities.

If a statement implicates both the declarant and someone else, only the parts that directly incriminate the declarant are admissible as against interest, especially to police.

This rule prevents the admission of things a person said that weren't self-incriminating, even if they were said within a self-incriminating context.

Evidence that a diligent search failed to find a public record, suggesting it doesn't exist; used to prove a negative fact. For example, no record of a meeting in November, indicating it didn't occur.

A document created by a government agency or official, like meeting minutes, birth certificates, or court records.

A thorough and careful effort must be made to find the record before using its absence as evidence. Simply not finding a record isn't enough.

A group of rules describing situations where certain statements, even if they would ordinarily be considered hearsay, are still admissible as evidence. This provides more flexiblity for presenting crucial information.

Records kept by religious organizations about births, marriages, and deaths, are admissible as evidence. They are treated as reliable sources of family history information.

Official documents recording events like marriages or baptisms are admissible as evidence. They are accepted as proof of the event they describe.

Items like Bibles, genealogies, and engraved rings containing statements about family history are admissible. They are treated as reliable sources of family information.

Official records documenting ownership or other interests in land or real estate are admissible as evidence, confirming property rights.