Expert reliability, bases, and ultimate issues Bar Exam Flashcards - Medical Study Cards
Master Expert reliability, bases, and ultimate issues with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Expert reliability, bases, and ultimate issues Flashcard Deck - 8 Cards
Flashcard 1: Under Rule 702, what four requirements must the proponent of expert testimony demonstrate for reliability, and by what standard of proof?
Answer: The proponent must demonstrate, by a preponderance of the evidence, that: 1) the expert’s specialized knowledge will help the trier of fact; 2) the opinion is based on sufficient facts or data; 3) the testimony is the product of reliable principles and methods; and 4) the expert reliably applied those principles and methods to the facts of the case.
Flashcard 2: Under Rule 703, what are the permissible bases for an expert's opinion, and when may inadmissible underlying facts be disclosed to the jury?
Answer: An expert may base an opinion on facts or data they personally observed, were made aware of, or that experts in the field would reasonably rely on. If the underlying facts are inadmissible, they may be disclosed to the jury only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect.
Flashcard 3: Under FRE 702, what are the five alternative sources of qualification for an expert witness, and what does 'proposition-specific' qualification mean?
Answer: An expert witness may be qualified by knowledge, skill, experience, training, or education. 'Proposition-specific' means the witness's qualifications must directly relate to the particular testimony being offered, not just a general impressive credential.
Flashcard 4: What are the 'Three Fast Calls' for evidence admissibility, and which rules do they invoke?
Answer: The 'Three Fast Calls' are: 1) Probability (Rule 401 relevance, including conditional relevance under Rule 104(b)), 2) Prejudice (Rule 403 balancing, especially regarding unfair prejudice), and 3) Trial Cost (Rule 403 balancing, considering confusion, undue delay, or needlessly cumulative evidence).
Flashcard 5: What are the three requirements for admissible lay opinion testimony under FRE 701?
Answer: The opinion must be rationally based on the witness’s perception, helpful to understanding the testimony or determining a fact in issue, and not based on specialized knowledge within the scope of expert testimony. The witness must therefore be using ordinary observations rather than technical or scientific expertise.
Flashcard 6: What makes evidence relevant under the Federal Rules of Evidence?
Answer: Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence, and the fact must be consequential to determining the action. Relevant evidence is generally admissible unless the Constitution, a statute, another rule, or Rule 403 provides otherwise.
Flashcard 7: What is the general rule against character evidence offered to prove conduct?
Answer: Under the majority/FRE rule, character evidence is generally inadmissible when offered solely to prove that a person acted in accordance with that character on a particular occasion. Criminal-case exceptions permit a defendant to offer a pertinent trait and allow the prosecution to rebut it, subject to the applicable victim- and defendant-character rules.
Flashcard 8: When may a court exclude relevant evidence under FRE 403?
Answer: The court may exclude relevant evidence when its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence. Unfair prejudice means an undue tendency to cause the jury to decide on an improper emotional or otherwise illegitimate basis.
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