Lay opinion and expert qualification Bar Exam Flashcards - Medical Study Cards
Master Lay opinion and expert qualification 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.
Lay opinion and expert qualification Flashcard Deck - 10 Cards
Flashcard 1: 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 2: 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 3: 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 4: 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.
Flashcard 5: For what purposes may evidence of a person’s other act be admitted under FRE 404(b)?
Answer: Other-act evidence may be admitted for a non-propensity purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. It is not admissible merely to show that the person has a bad character or acted consistently with it.
Flashcard 6: What distinguishes habit evidence from inadmissible character evidence?
Answer: Habit is a person’s regular, specific response to a particular situation, shown with enough frequency and particularity to be semi-automatic; it may be admitted to prove conduct on the occasion in question. General descriptions of personality or disposition are character evidence, not habit.
Flashcard 7: Under FRE 104(b), who decides a conditional fact affecting admissibility, and what must the proponent show?
Answer: The court decides whether sufficient evidence exists for a reasonable jury to find the conditional fact, but the jury ultimately decides whether that fact exists. If the showing is insufficient, the court excludes the evidence.
Flashcard 8: When does FRE 407 exclude evidence of subsequent remedial measures, and what are its exceptions?
Answer: A subsequent measure is inadmissible to prove negligence, culpable conduct, a defect, or a need for a warning or instruction. It may be admitted to prove ownership, control, feasibility of precaution, or for impeachment, if those issues are genuinely disputed.
Flashcard 9: What is the rule for evidence of liability insurance under FRE 411?
Answer: Evidence that a person was or was not insured against liability is inadmissible to prove that the person acted negligently or wrongfully. It may be admitted for another purpose, such as proving agency, ownership, control, or witness bias.
Flashcard 10: What does FRE 408 exclude in settlement negotiations, and for what purposes may the evidence still be admitted?
Answer: Offers to compromise a disputed claim and statements made during compromise negotiations are inadmissible to prove or disprove the claim or its amount. They may be admitted for another purpose, such as proving bias, negating undue delay, or proving an effort to obstruct a criminal investigation or prosecution.
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