Legal Testimony & Expert Witness Responsibilities Flashcards
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Read the first 7 Legal Testimony & Expert Witness Responsibilities flashcards as text
Under Federal Rule of Evidence 702, which factor does NOT directly bear on the admissibility of expert testimony?
Answer: Whether the expert's fee is reasonable
FRE 702 addresses the reliability and relevance of the expert's opinion, not the reasonableness of the expert's compensation.
A forensic nurse is deposed prior to trial. What is the primary purpose of a deposition in civil litigation?
Answer: To obtain sworn testimony and preserve it for trial use
A deposition preserves a witness's sworn testimony under oath, which can be used at trial for impeachment or if the witness is unavailable.
Which behavior during testimony would most damage a forensic nurse expert's credibility with the jury?
Answer: Changing a prior documented opinion without a new factual basis
Changing an opinion without a new factual basis implies the expert's opinions are not reliably grounded and severely undermines credibility.
What is the primary distinction between a fact witness and an expert witness in court?
Answer: Expert witnesses may offer opinions based on specialized knowledge; fact witnesses may only testify to what they personally observed
Expert witnesses may draw inferences and offer opinions beyond personal observation, while fact witnesses are limited to what they directly witnessed.
A forensic nurse expert discovers after submitting her report that a key study she cited has been retracted. What is her ethical obligation?
Answer: Notify retaining counsel and, if required, supplement or amend the report
Professional and ethical obligations require the expert to inform retaining counsel of material changes and update or supplement the report as needed.
In a sexual assault case, the forensic nurse's colposcopic images are introduced as exhibits. Which foundational requirement must be met for the images to be admissible?
Answer: Chain of custody must be established showing the images accurately represent what was examined
Authentication through chain of custody demonstrates that the images are accurate representations of the examination findings and have not been altered.
The Daubert standard requires the trial judge to act as a 'gatekeeper' for expert testimony. What does this mean?
Answer: The judge evaluates whether the expert's methodology is scientifically reliable before testimony is admitted
Under Daubert, the trial judge has a gatekeeping function to screen expert testimony for reliability and relevance before it reaches the jury.