Witnesses: The Opinion Rule and Expert Testimony MCQs
Witnesses: The Opinion Rule and Expert Testimony MCQs
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1: Jane is unavailable to testify at trial due to her current hospitalization. What is the best solution to ensure the facts she would testify to will still be admitted at trial?
A. A signed written statement attested two by two witnesses
B. A certified letter
C. A video, regardless of the conditions in which it is taped
D. Statements made under oath from a prior court hearing on the same matter
2: The First Amendment to the Constitution protects the right of an individual to confront his or her accusers in a criminal case.
A. True
B. False
3: The common law opinion rule prohibits witnesses from offering opinions, limiting testimony to facts observable through the five senses.
A. True
B. False
4: Which is not a requirement listed by Federal Rules of Evidence (FRE) 701?
A. Lay opinion should be straightforward and nontechnical and may not rely on scientific, technical, or other specialized knowledge.
B. The opinion must be logically based on the witness’s perception
C. The opinion must be corroborated by additional testimony.
D. Lay opinion must help the fact finder to understand the witness’s testimony.
5: A witness wishes to testify to the following four observations. Which is not allowed?
A. The defendant appeared to be around 42 ol
B. The defendant looked like a typical gangbanger.
C. The defendant ran from the crime scene, appearing to be franti
D. The defendant was overweight.
6: Under the Frye test, courts considered whether the scientific community generally accepted a methodology as reliable before accepting that individuals with competence in that area could testify as experts.
A. True
B. False
7: Polygraphs are always admissible because they help the jury in the search for truth.
A. True
B. False
8: The opposing party may challenge the admission of an expert on which of the following grounds?
A. The expert’s qualifications
B. The helpfulness of the testimony
C. The reliability of the data
D. All of the above
9: The defense attorney in a securities fraud case seeks an expert witness. He encounters a psychiatrist who has been admitted as an expert witness in many previous cases. May the psychiatrist testify as an expert witness in the securities case on the basis that he has been qualified as an expert many times before?
A. Yes
B. Only if he consults others in securities before testifying
C. No
D. No, unless he can also be qualified as an expert in securities
10: Common law prohibited an expert from ultimate issue testimony in a case, but FRE 704 states that opinion testimony is not automatically excluded because it “embraces an ultimate issue.”
A. True
B. False
11: In a case where a police officer is accused of using excessive force, an expert on police use of force is brought in. The expert testifies that the violence was not warranted under the circumstances and was improper in this case. The testimony regarding the ultimate issue will likely be admissible in this case.
A. True
B. False
12: An expert does not have to disclose the facts or data he relied on in reaching his conclusion unless asked by the court or asked on cross-examination.
A. True
B. False
13: A murder occurred in the home of an 82-year-old widow. Police went to the crime scene to collect evidence. In preparation for trial, the prosecution calls an expert. Given the case, the expert is likely to be needed to testify about which of the following?
A. Fingerprint analysis
B. Footprint analysis
C. Alibi of the perpetrator
D. A and b
14: Experts may be used to testify about gang organization and functioning.
A. True
B. False
15: In addition to each party having the ability to call their own respective expert witnesses, the court may also appoint an expert witness selected by the court.
A. True
B. False
16: Is expert testimony a witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion?
A. False
B. True
17: _____ is a witness qualified by knowledge, skill, experience, training, or education to provide expert opinion about evidence that is beyond the understanding of the average juror.
A. All of these
B. expert witness
C. Hot pursuit
D. Destruction of evidence
18: _____ is defined as a witness with knowledge that may be possessed by the average juror that does not depend on particular skill, training, or experience.
A. In certain circumstances
B. lay witness
C. All of these
D. No
19: _____ is known as a lay witness may not give an opinion.
A. Total incorporation
B. information states
C. opinion rule
D. All of these
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Witnesses: The Opinion Rule and Expert Testimony MCQs
