Download Federal Rules of Evidence: Expert Testimony and Admissible Information and more Exams Nursing in PDF only on Docsity! Federal Rules of Evidence Assessment Questions with Answers Explain rule 403 - Correct Answers Under this test, a judge has the power to get rid of information that they believe will mislead or confuse the jury, including making them too emotional or take too much time to prove. Explain the Trojan horse and rule 703 - Correct Answers The offering party cannot use the expert as a Trojan horse to disclose inadmissible evidence in court How does rule 703 deal with the type of information that an expert can rely on? - Correct Answers Experts are not limited to using only admissible evidence. FRE 703 permits experts to rely on otherwise inadmissible evidence if other experts in that particular field would reasonably rely on those kinds of facts or data when forming an opinion on the subject If the expert has relied on inadmissible evidence, how does the offering party act/ - Correct Answers The party offering the expert for expert testimony generally may not disclose the inadmissible evidence to the jury In rule 705, what can the proponent do? - Correct Answers The proponent can only disclose admissible facts or data to the jury True or False: the supreme court determined that there IS a reliability requirement for expert scientific evidence - Correct Answers true True or false: there is a reliability requirement in rule 702 - Correct Answers false What does 705 allow the party offering the expert to do - Correct Answers the expert testimony can choose to simply have the expert present their conclusion without testifying about the underlying data. What does Dauber call rule 702? - Correct Answers the liberal thrust of the federal rules of evidence What does Knowledge mean in rule 702 - Correct Answers the information is beyond speculation What does rule 703 provide? - Correct Answers that experts may rely on facts and data from four sources 1. firsthand observation (such as a treating physician) 2. information provided prior to trial 3. information provided during the trial through asking the expert hypothetical questions 4. information provided during trial by having the expert attend other parts of the trial and hear the testimony establishing the facts (uncommon because expert time is very valuable and expensive). What does rule 704 mean? - Correct Answers Experts cannot offer opinions about the ultimate issues of the case, those were seen to be province of the jury. Experts can only give data. ONLY IN CRIMINAL CASES what does science mean in rule 702 - Correct Answers derived from the scientific method What does this sentence from Rule 702 mean, "If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence, or to determine a fact in issue,.." - Correct Answers This is how we capture beyond the ken. It is the idea that evidence can only be admitted if it is going to be helpful to the jury. What is rule 602? - Correct Answers A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. One of the five senses. What is Rule 702 - Correct Answers Testimony by Expert Witness What is rule 703 - Correct Answers On what information can the expert base their testimony What is rule 705? - Correct Answers The opponent may ask the expert on cross- examination to disclose to the jury the facts and data that the expert used in their analysis. What is the reverse rule 403? - Correct Answers rule 703 What is the role of the judge in rule 702? - Correct Answers The judge is the gatekeeper, and they decide what is good science or bas science. What is the Trojan horse loophole? - Correct Answers The trial judge may grant the offering party permission to disclose inadmissible evidence if the probative value substantially outweighs the prejudicial effect What two words indicate that there is reliability in rule 702? - Correct Answers scientific and knowledge knowledge derived from the scientific method. What was the theory behind the federal rules of evidence? - Correct Answers the theory was that they jury would be able to make a better decision by considering as much evidence as properly admissible.
