Lay Witnesses
This rule governs lay witnesses.
What is FRE 701?
This rule governs expert witnesses.
What is FRE 702?
T/F: Witnesses are not allowed to express an opinion on an ultimate issue to be decided by the jury.
False: Witnesses are allowed. This common law "ultimate issue rule" is now abolished.
The balancing test for relevancy.
What is relevant evidence sheds light on an issue?
"You don't get a second chance to make a first impression"
What is the doctrine of verbal completeness?
FRE 106
Lay witnesses are permitted to state these.
What are facts (they observe)?
This rule does not distinguish between what kind of knowledge?
What is scientific and technical or specialized knowledge?
T/F: "In my opinion, the testator had capacity to make a will" is objectionable.
True: This opinion conveys an unexpressed and possibly erroneous legal standard to the jury.
T/F: Character evidence is admissible to prove that on a particular occasion the person acted in accordance with the character or trait.
False: Character evidence is not admissible to prove the defendant acted with the same character.
When offering an item of evidence, showing the item is what you claim it is.
What is authentication?
Lay witnesses are NOT permitted to state these.
What are conclusions they drew from the facts observed?
This is the proper standard for admission of expert testimony.
What is relevance and reliability?
Experts can base their opinions on these two kinds of facts.
What is personal knowledge and facts the expert has been made aware of?
A reflex, nonvolitional activity with regularity; instinctive reaction to a stimulus; unconscious, not subject to the actor's will.
What is habit?
You allege it, you prove it. A way to allocate burden.
What is presumption?
Objections go to this, not that.
What is objections go to the weight of the evidence, not its admissiblity?
This is adherence to the scientific method to show its scientific validity. (Daubert)
What is testing, publication, known or potential error rate, and general acceptance within the scientific community?
T/F: when an expert bases his opinion on facts that are inadmissible, the opinion is also inadmissible.
False: As long as the experts in the field reasonably rely on the facts forming the opinion, the opinion is admissible.
On direct examination of character witness, the proponent may ask the witness about the defendant's character using this.
What is opinion of D's character or knowledge of D's reputation?
Substitute for evidence that can be readily determined by knowledge or search or generally known within the territory of the jurisdiction of the court.
What is judicial notice?
Opinion testimony is limited to these two things to help the jury.
What is personal knowledge and relevant?
Experts may testify in form of opinion provided these things.
What are qualified, relevant (help), based on sufficient data, the product of reliable principles and methods, and reliably applied principles to the facts?
T/F: Experts can disclose underlying facts of their opinion only if the proponent shows the value outweighs the danger.
False: The value must substantially outweigh the danger. This test favors exclusion.
Other behaviors character evidence may be offered to prove.
What is motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, lack of accident, etc.?
T/F: a manually created duplicate is a duplicate of the original.
False: A manually created duplicate is not a duplicate due to the risk of human error.