#1
Which standard is used to determine the admissibility of expert witness testimony in most jurisdictions?
Daubert standard
ExplanationDaubert standard is the widely used standard for admitting expert testimony based on relevance and reliability.
#2
What is the primary purpose of expert witness testimony in legal proceedings?
To provide specialized knowledge or opinion to assist the trier of fact
ExplanationThe primary purpose of expert witness testimony in legal proceedings is to provide specialized knowledge or opinion to assist the trier of fact.
#3
Which of the following is NOT a typical qualification for someone to be considered an expert witness?
Familiarity with the legal system
ExplanationFamiliarity with the legal system is not a typical qualification for someone to be considered an expert witness.
#4
What is the Daubert standard?
A standard for admitting expert testimony based on relevance and reliability
ExplanationThe Daubert standard is a criteria-based approach for determining the admissibility of expert testimony, focusing on relevance and reliability.
#5
Which case established the Daubert standard for admissibility of expert witness testimony in federal courts?
Daubert v. Merrell Dow Pharmaceuticals, Inc.
ExplanationThe Daubert standard was established in the case Daubert v. Merrell Dow Pharmaceuticals, Inc., setting guidelines for admitting expert testimony in federal courts.
#6
What is the 'gatekeeper' role of the judge regarding expert witness testimony?
To assess the admissibility of expert testimony
ExplanationThe 'gatekeeper' role of the judge involves evaluating and determining the admissibility of expert testimony.
#7
What is the Frye standard?
A standard for admitting expert testimony based on general acceptance in the scientific community
ExplanationThe Frye standard is a criterion for admitting expert testimony, relying on general acceptance within the scientific community.
#8
In which case was the Frye standard first articulated?
Frye v. United States
ExplanationThe Frye standard was first articulated in the case Frye v. United States, establishing the basis for admitting expert testimony.
#9
What is the 'general acceptance' test under the Frye standard?
The expert's testimony must be accepted by the majority of scientists in the field
ExplanationThe 'general acceptance' test under the Frye standard requires the expert's testimony to be accepted by the majority of scientists in the relevant field.
#10
Under the Daubert standard, what factors may a judge consider in assessing the reliability of expert testimony?
Falsifiability, peer review, known error rates, and general acceptance
ExplanationUnder the Daubert standard, judges may consider factors like falsifiability, peer review, known error rates, and general acceptance when assessing the reliability of expert testimony.
#11
Which amendment to the Federal Rules of Evidence codified the Daubert standard?
Amendment 702
ExplanationThe Daubert standard was codified into the Federal Rules of Evidence through Amendment 702.
#12
Which of the following is a potential consequence if expert testimony is deemed inadmissible?
The case may be dismissed
ExplanationA potential consequence of inadmissible expert testimony is that the case may be dismissed.
#13
Which of the following factors may be considered in assessing the reliability of expert testimony under the Daubert standard?
The witness's publication record
ExplanationThe witness's publication record is one of the factors considered in assessing the reliability of expert testimony under the Daubert standard.
#14
What role does cross-examination play in the evaluation of expert witness testimony?
To challenge the credibility and reliability of the witness's testimony
ExplanationCross-examination plays a role in the evaluation of expert witness testimony by challenging the credibility and reliability of the witness's testimony.