Relevance
Define logical relevance
having any tendency in reason to prove or disprove any disputed fact
A witness must...
(hint CEC 700-702)be competent to testify and have personal knowledge
who should you ask your expert to teach during direct and cross examination
the jury
what percentage of your experts testimony must be in their deposition ?
100 percent
Define relevant evidence pursuant to the CEC
Relevant evidence means evidence: (1) having any tendency in reason to prove or disprove (2) any disputed fact (3) that is of consequence to the determination of the action, (4) including evidence relevant to the credibility of a witness or hearsay declarant
To lay the foundation for an audio visual recording, the recording must...
the recording must accurately depict that which it is alleged to portrary and not contain other objectionable material
how long should hypothetical questions last?
15 minutes
what is one of the primary dangers of asking an opposing expert questions concerning inadmissible material?
opens the door
This principle, often invoked in criminal cases, dictates that while evidence may be relevant, it can still be excluded if it leads to a substantial risk of unfair prejudice against the defendant.
What is the balancing test under Rule 403
"The Sargon Gatekeeper Rule is the Hub of Expert Witness Law." What does this mean??
Page 14 of evidence wheel
The answer must be satisfactory to Wells and Sons, Professor Arns, and Professor Brandi.
Experts in court can provide opinions on these, which refer to the final conclusions the jury must decide, such as liability or guilt (and what can they not testify about)
Ultimate issues
Not legal conclusionswhy are motions in limine important in the context of expert testimony?
to exclude inadmissible evidence from being presented to the jury
When I say Sanchez and Veamatahau, you say...
"I don't remember but I will consult Pages 15-18 of the evidence wheel and find the answer"
During a medical malpractice trial, Dr. Smith, a neurosurgeon, is called as an expert witness for the plaintiff. The plaintiff’s attorney asks, “Doctor, given your review of the patient’s medical records and the surgery notes, would you say that the defendant’s failure to order a CT scan directly caused the patient’s paralysis?” Defense objects to form. How should the judge rule?
overruled, leading questions are allowed during direct exam of an expert witness
Fill in the two word blanK: the ___ ____ evidence the better!
less demonstrative
what is the standard of appeal for courts ruling on expert testimony and what is the authority on point?
Abuse of discretion. Mateel v. Gray co. (2003) 115 CA4th 8, 25.
In a personal injury case, the defense wants to introduce testimony from an expert who claims that the plaintiff’s injuries were caused by a pre-existing condition rather than the car accident in question. However, the plaintiff's attorney has reviewed the expert’s report and finds it vague and speculative, lacking any scientific basis or methodology.
Question: What should the plaintiff's attorney do before the expert testifies?
The plaintiff's attorney should request a 402 hearing to challenge the admissibility of the expert’s testimony and ensure it meets the necessary standards for reliability and relevance.
Lisa, who has no formal automotive training, is called as an expert witness on cars. During cross-examination, the prosecutor tries to discredit her by pointing out her lack of formal education.
Question: What allows Lisa to be qualified as an expert witness despite having no formal training?
Practical experience and specialized knowledge in a particular field can qualify someone as an expert witness, even without formal training or education.
(bonus 100 points for naming My Cousin Vinny)