700 Series

Card Set Information

700 Series
2013-07-28 14:38:44

MROE Flashcards
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  1. Rule 701. Opinion Testimony by Lay Witnesses
    Lay witness opinions are limited to rationally based perceptions or when “helpful to clearly understanding the witness’s testimony or to determining a fact in issue”, and not based on knowledge within the scope of 702.
  2. Rule 702. Testimony by Expert Witnesses
    A witness qualified as an expert by knowledge, skill, experience, training, or education may provide opinions if the expert’s specialized knowledge will help understand the evidence or determine a fact. This testimony must be based on sufficient facts or data, the product of reliable principles and methods which the expert must have reliably applied to the facts of the case.
  3. 703. Bases of an Expert’s Opinion Testimony
    An expert can use any facts in the case that the expert is aware of. If experts would normally rely on those kinds of facts or data in forming an opinion, they need not be admissible for the opinion to be admitted. The facts or data on the other hand may only be disclosed to the jury if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect.
  4. 704. Opinion on the Ultimate Issue
    Opinions on the ultimate issue are not objectionable. The only exception is that an expert must not state an opinion about a defendant’s mental state or condition when it constitutes an element of the crime.
  5. 705. Facts and Data Underlying an Expert Opinion
    An expert may state an opinion without first testifying to the underlying facts and data. The expert may be required to disclose those facts or data on cross-examination.