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Fed. R. Evid. 401; Contreras v. Artus, 778 F.3d 97, 108 (2d Cir. 2015); 2-401 Weinstein's Federal Evidence § 401.04 (2017).
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1What is relevant evidence?
What is relevant evidence?2For purposes of determining whether evidence is relevant, what is a fact of consequence?
For purposes of determining whether evidence is relevant, what is a fact of consequence?3Is relevant evidence admissible even if it is not very persuasive?
Is relevant evidence admissible even if it is not very persuasive?4What is the doctrine of curative admissibility?
What is the doctrine of curative admissibility?5What is direct evidence?
What is direct evidence?6What is circumstantial evidence?
What is circumstantial evidence?7What is conditional relevance?
What is conditional relevance?8Is irrelevant evidence ever admissible?
Is irrelevant evidence ever admissible?9What is probative value?
What is probative value?10The defendant, an art dealer with 20 years of experience, was charged in federal court with conspiring to receive stolen Egyptian antiquities in vi...
The defendant, an art dealer with 20 years of experience, was charged in federal court with conspiring to receive stolen Egyptian antiquities in violation of federal law. The prosecution invoked an Egyptian law that declared all antiquities found in Egypt the property of the Egyptian government, in support of the contention that the Egyptian government was the true owner of the antiquities. The defendant claimed that he was not aware of the Egyptian law and therefore thought the antiquities had no owner. The prosecution called an antiques dealer who worked frequently with the defendant. The antiques dealer testified that she was aware of the Egyptian law and that “even an ignoramus in this field would know about that law.” The defense objected to the testimony, arguing that it was not relevant to the case. How should the court rule?11A composer sued a record company for breach of contract, alleging that the company failed to promote the composer’s record as promised and that, as...
A composer sued a record company for breach of contract, alleging that the company failed to promote the composer’s record as promised and that, as a result, the record did not do well that year. To prove damages in the form of lost royalties, the composer called an expert witness. The expert described the results of a statistical analysis comparing the ultimate success of the composer’s record to the ultimate success of other similarly situated songs released in the same year. The record company argued that the expert’s statistical analysis failed to account for factors such as the reputations of the various artists and the size of the companies promoting the recordings. Thus, the record company moved to strike the testimony as irrelevant. How should the judge rule on the company’s motion?12May a judge exclude otherwise-relevant evidence as a matter of discretion?
May a judge exclude otherwise-relevant evidence as a matter of discretion?13Under what circumstances must a court exclude evidence unless its probative value substantially outweighs its prejudicial effects?
Under what circumstances must a court exclude evidence unless its probative value substantially outweighs its prejudicial effects?14What factors will a court consider in determining whether evidence is more prejudicial than probative?
What factors will a court consider in determining whether evidence is more prejudicial than probative?15What is unfair prejudice?
What is unfair prejudice?16If a party seeks to introduce unfairly prejudicial evidence, what must the court consider as an alternative?
If a party seeks to introduce unfairly prejudicial evidence, what must the court consider as an alternative?17In a criminal case, may the court admit a witness’s plea agreement with the government offered to demonstrate that the witness is biased against th...
In a criminal case, may the court admit a witness’s plea agreement with the government offered to demonstrate that the witness is biased against the defendant?18Why should a court scrutinize expert testimony more closely than lay testimony for potential unfair prejudice?
Why should a court scrutinize expert testimony more closely than lay testimony for potential unfair prejudice?19Generally, if there is no jury, should evidence be excluded on account of the risk of unfair prejudice?
Generally, if there is no jury, should evidence be excluded on account of the risk of unfair prejudice?20Once a party sufficiently proves a point, does the court have discretion to preclude the admission of additional evidence further proving the point?
Once a party sufficiently proves a point, does the court have discretion to preclude the admission of additional evidence further proving the point?21The defendant was charged with attempting to board an aircraft with a concealed weapon. The agents who searched the defendant’s suitcase found a fu...
The defendant was charged with attempting to board an aircraft with a concealed weapon. The agents who searched the defendant’s suitcase found a fully loaded pistol, cash, a small amount of marijuana, and a foreign passport. The defendant insisted that he did not know that the gun was in his bag and moved to exclude evidence of the cash, marijuana, and his foreign citizenship on the ground that admission of the evidence would be unfairly prejudicial. The government argued that the evidence was highly probative, because it showed that the defendant met the profile of a drug courier, and drug couriers often carried guns for protection. How should the court rule on the defendant’s motion?22The defendant was charged with use of force to interfere with housing rights on account of race. The defendant allegedly fired two shots into the h...
The defendant was charged with use of force to interfere with housing rights on account of race. The defendant allegedly fired two shots into the home of an African American family in an attempt to intimidate the family members and cause them to move out of the neighborhood. The prosecution moved to admit four pieces of evidence found in the defendant’s home: a poster, an armband, a flashlight, and a box of ammunition. Each item had a swastika on it. The defendant objected, arguing that the evidence was unfairly prejudicial, because swastikas evoke images of the Nazis and the atrocities they committed during World War II. Should the court admit the evidence?23May a court exclude evidence if its probative value is substantially outweighed by a risk of confusing the issues or misleading the jury?
May a court exclude evidence if its probative value is substantially outweighed by a risk of confusing the issues or misleading the jury?24May a court exclude evidence if its probative value is substantially outweighed by a risk of wasting time or causing undue delay?
May a court exclude evidence if its probative value is substantially outweighed by a risk of wasting time or causing undue delay?25What is authentication?
What is authentication?26What must a proponent of a piece of evidence produce to satisfy the standard of proof for authentication?
What must a proponent of a piece of evidence produce to satisfy the standard of proof for authentication?27Is there a specific method for the authentication of evidence?
Is there a specific method for the authentication of evidence?28Generally, how is a photograph authenticated?
Generally, how is a photograph authenticated?29May tape recordings be authenticated?
May tape recordings be authenticated?30What is the chain of custody?
What is the chain of custody?31May Internet evidence be authenticated?
May Internet evidence be authenticated?32Is authenticated evidence automatically admissible?
Is authenticated evidence automatically admissible?33The defendant was charged with defrauding a federally insured bank by forging his ex-wife’s name on a series of checks. At trial, the prosecution c...
The defendant was charged with defrauding a federally insured bank by forging his ex-wife’s name on a series of checks. At trial, the prosecution called the defendant’s ex-wife to authenticate the handwriting on the checks. She testified that she was married to the defendant for 10 years, saw his handwriting innumerable times, and recognized his handwriting when she saw it. She looked at the checks and testified that the handwriting on the checks belonged to her ex-husband. The defendant objected, arguing that authentication of handwriting requires expert testimony. How should the court rule on the defendant’s objection?34The defendant was charged with trafficking in counterfeit wristwatches. At trial, the agent who purchased the watches testified that she placed the...
The defendant was charged with trafficking in counterfeit wristwatches. At trial, the agent who purchased the watches testified that she placed them in an evidence bag, sealed the bag, labeled it, and stored the bag in a locked cabinet in her office. A week later she removed the watches from the bag so they could be certified as counterfeit, returned them to the bag, and returned the bag to the cabinet. She testified that she could identify the watches by their appearance and by the label on the bag. On cross-examination, the agent admitted that the case number on the label was incorrect and that she did not reseal the bag after the watches were certified. The prosecution moved to admit the watches into evidence. The defense objected that the evidence had not been properly authenticated. How should the judge rule on the motion to admit?35What is self-authenticating evidence?
What is self-authenticating evidence?36What is character evidence?
What is character evidence?37Can a party offer evidence to show that a person has a specific character or character trait and therefore likely acted in a way that was consisten...
Can a party offer evidence to show that a person has a specific character or character trait and therefore likely acted in a way that was consistent with that character or trait?38May character evidence be admissible in a criminal prosecution?
May character evidence be admissible in a criminal prosecution?39May a criminal defendant introduce character evidence about a victim?
May a criminal defendant introduce character evidence about a victim?40What is the mercy rule?
What is the mercy rule?41Can a prosecutor offer rebuttal evidence under the mercy rule?
Can a prosecutor offer rebuttal evidence under the mercy rule?42Can the mercy rule be used in civil cases?
Can the mercy rule be used in civil cases?43The defendant allegedly used a sawed-off shotgun to rob a convenience store. The defendant was charged in federal court with armed robbery affectin...
The defendant allegedly used a sawed-off shotgun to rob a convenience store. The defendant was charged in federal court with armed robbery affecting interstate commerce. In his case-in-chief, the defendant offered testimony from his pastor that the defendant had a reputation for being truthful, peaceable, and law-abiding. The prosecution objected, arguing that the testimony was improper character evidence. How should the court rule on the objection?44The defendant was charged with assaulting a federal law enforcement officer. The defendant argued that the officer assaulted him first and that he ...
The defendant was charged with assaulting a federal law enforcement officer. The defendant argued that the officer assaulted him first and that he acted in self-defense. In the defendant’s case-in-chief, he called a witness to testify that the officer had a reputation for aggression and violence. In her rebuttal, the prosecutor called a witness to testify that the defendant had a reputation in the community for violence when drinking. The defendant objected and argued that, because he offered only evidence of the victim’s pertinent trait, the prosecutor could rebut only with evidence of the victim’s pertinent trait. How should the court rule on the objection?45Once a defendant introduces reputation or opinion evidence of his own character or the alleged victim’s character under the mercy rule, what can th...
Once a defendant introduces reputation or opinion evidence of his own character or the alleged victim’s character under the mercy rule, what can the prosecutor do?46For what purpose may evidence of non-defendant witness’s character be admitted?
For what purpose may evidence of non-defendant witness’s character be admitted?47Is evidence of a person’s prior bad acts admissible to show that the person has the propensity to act in accordance with those bad acts?
Is evidence of a person’s prior bad acts admissible to show that the person has the propensity to act in accordance with those bad acts?48Can a party seek to demonstrate a person’s character or character trait through a character witness’s testimony about the person’s reputation?
Can a party seek to demonstrate a person’s character or character trait through a character witness’s testimony about the person’s reputation?49Can a party ask a character witness about specific instances of a person’s conduct?
Can a party ask a character witness about specific instances of a person’s conduct?50What kinds of questions can a prosecutor ask on cross-examination after the defense calls a reputation or opinion witness to testify about the defe...
What kinds of questions can a prosecutor ask on cross-examination after the defense calls a reputation or opinion witness to testify about the defendant’s character or the victim’s character?51Is it permissible to test a character witness’s knowledge or credibility with respect to a criminal defendant using extrinsic evidence to prove the...
Is it permissible to test a character witness’s knowledge or credibility with respect to a criminal defendant using extrinsic evidence to prove the defendant’s prior bad acts?52Can a party cross-examining a character witness ask about a criminal defendant’s prior bad acts only if the party has a good-faith basis for asking...
Can a party cross-examining a character witness ask about a criminal defendant’s prior bad acts only if the party has a good-faith basis for asking about the bad acts?53How does a court determine if character is an essential element of a charge, claim, or defense?
How does a court determine if character is an essential element of a charge, claim, or defense?54What kind of evidence can a party offer if character is an essential element of a charge, claim, or defense?
What kind of evidence can a party offer if character is an essential element of a charge, claim, or defense?55Survivors of a plane crash brought a negligent entrustment claim against the airline in federal court. They alleged that (1) the crash was caused b...
Survivors of a plane crash brought a negligent entrustment claim against the airline in federal court. They alleged that (1) the crash was caused by pilot error, (2) the pilot had made similar errors repeatedly in training, (3) the pilot had a reputation among other pilots as being reckless, and (4) the airline knew the pilot was incompetent and reckless. At trial, the plaintiffs moved to admit the pilot’s training records as evidence of his prior errors. The airline objected, arguing that character to prove conformity was not permissible in civil cases. Should the court admit the pilot’s training records?56After allegedly beating an acquaintance to death at a bar, the defendant was charged with murder in federal court. The defendant claimed that he ac...
After allegedly beating an acquaintance to death at a bar, the defendant was charged with murder in federal court. The defendant claimed that he acted in self-defense. The defendant testified that the victim kicked him and threw a rock at him. The prosecutor called a longtime friend of the victim as a rebuttal witness. The witness testified that that the witness occasionally drank with the victim and on no occasion did he see the victim get violent. The witness testified that the victim was a very peaceful person. On cross-examination, the defense attorney asked the witness if the witness knew that the victim had over twenty arrests for traffic violations and public intoxication. The prosecution objected and argued that the questions were improper cross-examination of a character witness. How should the court rule on the objection?57What is habit evidence?
What is habit evidence?58Is evidence of a person’s habit admissible to show that the person acted in conformity with that habit on a particular occasion?
Is evidence of a person’s habit admissible to show that the person acted in conformity with that habit on a particular occasion?59What is the difference between character and habit?
What is the difference between character and habit?60A patient sued a dentist claiming that the patient suffered permanent numbness after the dentist severed a nerve during surgery. At trial, the pati...
A patient sued a dentist claiming that the patient suffered permanent numbness after the dentist severed a nerve during surgery. At trial, the patient testified that the dentist failed to warn the patient that nerve severance was a risk of this surgery. The dentist testified that the dentist did not recall this patient’s surgery but that the dentist had performed the surgery weekly for six years and always warned patients of the risk just prior to surgery. The dentist timely requested the following instruction: “You can consider this evidence of the defendant’s habit in determining whether the defendant acted in conformity with that habit on the occasion in question. The weight you give to habit evidence is entirely up to you.” The patient objected that this was an improper use of character to prove conformity. Should the court give the jury instruction?61An employee of a railroad brought a claim alleging that he tripped over a lump of coal on a walkway near tracks in the railyard and injured his leg...
An employee of a railroad brought a claim alleging that he tripped over a lump of coal on a walkway near tracks in the railyard and injured his leg. One of the plaintiff’s witnesses, a longtime railroad employee, testified that rail cars full of coal were driven back and forth in the railyard daily and passed a bump in the tracks that caused coal to regularly drop onto that walkway. The plaintiff timely requested the following instruction: “You may consider evidence concerning the routine practices of an organization in determining whether the defendant acted in conformity with that routine practice on the occasion in question. The weight you give to habit evidence is entirely up to you.” The railroad argued that the plaintiff could not use character to prove conformity. Should the judge issue the jury instruction?62How do courts define organizations?
How do courts define organizations?63Can habit and routine practice be proven by evidence of specific instances of conduct or by routine testimony?
Can habit and routine practice be proven by evidence of specific instances of conduct or by routine testimony?64Does evidence of a person’s habit need to be corroborated by an eyewitness?
Does evidence of a person’s habit need to be corroborated by an eyewitness?65For what purposes can a party offer evidence that a person has committed a prior or subsequent crime, wrong, or other act?
For what purposes can a party offer evidence that a person has committed a prior or subsequent crime, wrong, or other act?66A husband was charged in federal court with murdering his wife. The prosecutor alleged that the husband found a remote area, took his wife hiking, ...
A husband was charged in federal court with murdering his wife. The prosecutor alleged that the husband found a remote area, took his wife hiking, and pushed her off a rocky ledge. The defendant’s first wife had died five years earlier in a similar remote area where her husband had taken her for a drive. The prosecutor argued that the defendant pretended to have a flat tire and, while his first wife was changing the tire, kicked the fender of the car, dislodging the jack so the car crushed her. The defendant was the sole beneficiary on both wives’ life insurance policies. The defendant was never charged in his first wife’s death. The prosecutor gave pretrial notice that she intended to introduce evidence of the first wife’s death in the murder trial for the second wife’s death. The defendant filed a motion in limine to exclude the evidence. How should the court rule?67What determination must a court make before admitting similar acts evidence?
What determination must a court make before admitting similar acts evidence?68What factors should a court consider in determining whether similar acts evidence is more prejudicial than probative?
What factors should a court consider in determining whether similar acts evidence is more prejudicial than probative?69Can a party to introduce similar acts evidence in both civil and criminal cases?
Can a party to introduce similar acts evidence in both civil and criminal cases?70The defendant was charged with robbing a federally-insured bank. Prosecutors alleged that the defendant wore a ski mask and brown work overalls. He...
The defendant was charged with robbing a federally-insured bank. Prosecutors alleged that the defendant wore a ski mask and brown work overalls. He had a handgun in one hand and a large bag in the other. He ran toward the teller, vaulted over the counter, stuffed cash into the bag, vaulted back over the counter, and drove away. Prosecutors filed notice of their intent to introduce similar acts evidence in the case. They alleged that 10 days after the charged crime, the defendant robbed a bank wearing the same clothes, carried the same items, vaulted the counter in the same way, and drove off in the same car. The defendant filed a motion in limine, arguing that this was improper propensity evidence designed to unfairly prejudice the jury. How should the court rule on the motion in limine?71Is evidence that a defendant previously committed sexual assault or child molestation admissible if the defendant does not open the door?
Is evidence that a defendant previously committed sexual assault or child molestation admissible if the defendant does not open the door?72Must a party give prior notice if it intends to introduce evidence of a defendant’s prior sexual misconduct?
Must a party give prior notice if it intends to introduce evidence of a defendant’s prior sexual misconduct?73Is evidence of a defendant’s prior sexual misconduct limited to sexual misconduct for which the defendant has been convicted or formally charged?
Is evidence of a defendant’s prior sexual misconduct limited to sexual misconduct for which the defendant has been convicted or formally charged?74Does a court have discretion to exclude evidence of a defendant’s prior sexual misconduct?
Does a court have discretion to exclude evidence of a defendant’s prior sexual misconduct?75Is evidence of a defendant’s prior sexual assault or child molestation admissible in all cases involving sexual misconduct?
Is evidence of a defendant’s prior sexual assault or child molestation admissible in all cases involving sexual misconduct?76What procedure must a prosecutor follow before the prosecutor can offer evidence of a defendant’s prior sexual assault or child molestation as evid...
What procedure must a prosecutor follow before the prosecutor can offer evidence of a defendant’s prior sexual assault or child molestation as evidence in a trial for a similar crime?77The defendant was charged in federal court with sexual assault. At trial, the prosecutor called a woman who testified that the defendant raped her ...
The defendant was charged in federal court with sexual assault. At trial, the prosecutor called a woman who testified that the defendant raped her five years before. The defendant was charged with sexual assault in that case as well, but pled guilty to battery. The defendant objected and moved to strike the testimony as improper character evidence. How should the court rule on the objection?78On what basis may a witness be qualified as an expert?
On what basis may a witness be qualified as an expert?79What are proper topics for expert testimony?
What are proper topics for expert testimony?80What steps must a party take to qualify a witness as an expert?
What steps must a party take to qualify a witness as an expert?81May a witness be qualified as an expert without any formal training in the relevant subject area?
May a witness be qualified as an expert without any formal training in the relevant subject area?82May a single witness testify as both a lay witness and as an expert witness?
May a single witness testify as both a lay witness and as an expert witness?83The defendants were charged in federal court with conspiracy to distribute cocaine. The prosecutor moved to qualify a co-conspirator as an expert w...
The defendants were charged in federal court with conspiracy to distribute cocaine. The prosecutor moved to qualify a co-conspirator as an expert witness. The co-conspirator had been involved with the drug trade in the area for seven years and had known the defendants for three years. If allowed to testify as an expert, the co-conspirator will testify to the meaning of slang and code words used in the defendants’ taped telephone conversations. The defense objected, arguing that the co-conspirator had no training or education in this area and therefore could not be qualified as an expert. Should the judge qualify the co-conspirator as an expert?84The defendants were charged in federal court with receiving stolen cars. The prosecutors alleged that the defendants ran a chop shop, in which they...
The defendants were charged in federal court with receiving stolen cars. The prosecutors alleged that the defendants ran a chop shop, in which they broke down stolen cars into parts for sale. The defendants argued they were running a legal auto-repair shop. The prosecutor offered an auto mechanic as an expert witness. If allowed to testify, the mechanic would state that, in his opinion, the defendants were not running an auto-repair business, because the equipment in the defendants’ warehouse was for disassembling cars rather than repairing cars. The mechanic had owned his own auto-repair shop for five years, worked in an auto-repair shop for four years during high school, and rebuilt cars as a hobby. However, the mechanic had no formal training as a mechanic and had never before been qualified as an expert in auto repair. Should the court qualify the mechanic as an expert?85Does an expert need personal knowledge of the facts about which he or she will testify?
Does an expert need personal knowledge of the facts about which he or she will testify?86May an expert base his or her testimony on inadmissible evidence?
May an expert base his or her testimony on inadmissible evidence?87Under what circumstances may an expert who based an opinion on inadmissible evidence disclose that evidence to the jury on direct examination?
Under what circumstances may an expert who based an opinion on inadmissible evidence disclose that evidence to the jury on direct examination?88May an expert base an opinion solely on facts provided to her in a hypothetical question?
May an expert base an opinion solely on facts provided to her in a hypothetical question?89A warehouse was destroyed in a fire. The insurance company refused to pay on the insurance policy. The owner sued the insurance company for breach ...
A warehouse was destroyed in a fire. The insurance company refused to pay on the insurance policy. The owner sued the insurance company for breach of contract. The insurance company claimed that the owner set the fire to collect on the policy. The insurance company called a professional fire analyst who testified that, in her opinion, the fire was purposely set, fast spreading, and accelerated by the use of a flammable substance. The analyst’s conclusions were based in part on a laboratory report that found that gasoline may have been present in the burned building. The plaintiff objected to the expert’s testimony, arguing that it was based on inadmissible hearsay not subject to any exception. The defendant agreed that the report was inadmissible hearsay, but argued that the expert could testify about it, because the expert relied on it. How should the court rule on the objection?90A patient suffering from neurological problems after aortic valve surgery sued the surgeon for malpractice and called an expert at trial. The exper...
A patient suffering from neurological problems after aortic valve surgery sued the surgeon for malpractice and called an expert at trial. The expert testified that, in her opinion, the surgeon negligently allowed the aortic cannula to slip out, resulting in an air embolism in the bloodstream. The expert based her opinion on a post-it note stuck inside the patient’s file, which said “during surg. aortic cannula out 40–60 secs.” The nurse who wrote the note did not remember why she wrote it or who gave her the information, and the expert testified that she had never seen a similar note in a surgery record. The parties agreed that the note was inadmissible hearsay. The doctor objected to the expert’s testimony and moved to strike on the ground that this was not the type of fact or data that an expert may rely on when forming an opinion. How should the court rule on the motion?91What is an ultimate issue?
What is an ultimate issue?92May a lay witness give an opinion on the ultimate issue in a case?
May a lay witness give an opinion on the ultimate issue in a case?93May an expert witness give an opinion on the ultimate issue in a case?
May an expert witness give an opinion on the ultimate issue in a case?94May a lay witness in a criminal case testify about the defendant’s mental state in the form of an opinion?
May a lay witness in a criminal case testify about the defendant’s mental state in the form of an opinion?95A firefighter for the U.S. Forest Service was charged with arson after setting 15 fires in a national forest. The firefighter asserted the affirmat...
A firefighter for the U.S. Forest Service was charged with arson after setting 15 fires in a national forest. The firefighter asserted the affirmative defense of insanity, which required him to prove by clear and convincing evidence that, as a result of a severe mental disease or defect, when he set the fires, he was unable to appreciate the wrongfulness of his acts. The firefighter called an expert witness who testified that the firefighter had damage to his frontal lobe that caused him to engage in the type of magical thinking common among preschoolers and schizophrenics. The expert testified that, as a result of this defect, the firefighter was unable to appreciate the wrongfulness of his acts at the time he set the fires. The prosecutor objected and moved to strike the expert’s testimony on the ground that it embraced an ultimate issue. How should the court rule on the objection?96A driver who entered an intersection with a green light hit a pedestrian who was crossing the street against the light. The pedestrian sued, allegi...
A driver who entered an intersection with a green light hit a pedestrian who was crossing the street against the light. The pedestrian sued, alleging that the driver was negligent for failing to keep a proper lookout and yield to the pedestrian. The driver counterclaimed, alleging that the pedestrian was negligent for entering the crosswalk on a yellow light and walking too close to the car. The pedestrian called the responding police officer as a lay witness. The officer testified that, in his opinion, the pedestrian did nothing wrong and did not break the law. The officer further testified that the accident was in fact caused by the driver’s failure to yield. The driver objected and moved to strike, arguing that the lay witness was not permitted to give an opinion on the ultimate issue in the case. How should the court rule on the objection?97What three requirements must expert testimony meet before a court may admit it?
What three requirements must expert testimony meet before a court may admit it?98What factors should a court consider in determining whether expert testimony is reliable?
What factors should a court consider in determining whether expert testimony is reliable?99Are courts required to ensure the reliability of all expert testimony, regardless of the subject matter?
Are courts required to ensure the reliability of all expert testimony, regardless of the subject matter?100Must a court determine whether an expert’s testimony is relevant, necessary, and appropriately limited before admitting it?
Must a court determine whether an expert’s testimony is relevant, necessary, and appropriately limited before admitting it?101A nuclear plant worker sued his employer, alleging that he developed cataracts from exposure to radiation. At a Daubert hearing to determine whethe...
A nuclear plant worker sued his employer, alleging that he developed cataracts from exposure to radiation. At a Daubert hearing to determine whether the plaintiff’s physician’s testimony was reliable and relevant, the physician testified that, based on his clinical observation, the worker’s cataracts were caused by radiation. The physician claimed that radiation-induced cataracts are so unique they can be identified by observation with no additional testing. The physician had not published any peer-reviewed articles on the topic, but he cited two studies to support his conclusion. The defense called the author of the studies. The author stated that radiation-induced cataracts cannot be diagnosed through mere observation, additional tests are required, and her studies do not support the physician’s conclusion. How should the court rule at the conclusion of the hearing?102A dock worker brought a claim for negligence after his arm got caught between a dock-lift railing and a handrail, severing his thumb. At the time o...
A dock worker brought a claim for negligence after his arm got caught between a dock-lift railing and a handrail, severing his thumb. At the time of the accident, the dock worker was not holding anything in the hand that was injured. The dock worker’s expert witness testified at a Daubert hearing that the narrow spacing of the two handrails created a shearing hazard that could harm an adult holding an object in that space. Should the court allow the jury to hear the expert’s testimony?103When giving an opinion or the reasons for an opinion, is a testifying expert required to state the facts or data underlying that opinion?
When giving an opinion or the reasons for an opinion, is a testifying expert required to state the facts or data underlying that opinion?104May an expert be required to state the facts or data underlying an opinion during cross-examination?
May an expert be required to state the facts or data underlying an opinion during cross-examination?105A contractor was charged with defrauding the United States government. The contractor pled insanity. At trial, the prosecutor called an expert psyc...
A contractor was charged with defrauding the United States government. The contractor pled insanity. At trial, the prosecutor called an expert psychiatrist to testify about the contractor’s mental state. On cross-examination, the defense attorney asked whether the psychiatrist based her conclusions in part on a psychiatric examination performed by a different doctor. The prosecutor objected on the basis of hearsay. How should the court rule?106A customer leaving a funeral home slipped on the stairs, tried to grab the handrail, and fell, suffering serious injuries. The customer sued the fu...
A customer leaving a funeral home slipped on the stairs, tried to grab the handrail, and fell, suffering serious injuries. The customer sued the funeral home for negligence. In the customer’s case-in-chief, he introduced evidence showing that the steps were made of brick, designed by the funeral home’s owner, and irregular in both height and depth. Further, the handrail did not begin until after the second step. The customer then called an expert architect to testify to the construction standards and local code for stair construction, as well as the cause of the customer’s fall. The owner objected, arguing that that the expert’s testimony was improper. How should the court rule on the objection?107What is real evidence?
What is real evidence?108What is demonstrative evidence?
What is demonstrative evidence?109What is the standard for determining the admissibility of demonstrative evidence?
What is the standard for determining the admissibility of demonstrative evidence?110May a court admit evidence in the form of a demonstration or experiment?
May a court admit evidence in the form of a demonstration or experiment?111A consumer brought a products-liability action in federal court against the manufacturer of a riding lawn mower. The consumer had been mowing for a...
A consumer brought a products-liability action in federal court against the manufacturer of a riding lawn mower. The consumer had been mowing for approximately 30 minutes and was moving smoothly up a 15 to 20 degree incline when the mower hesitated and jerked. The consumer fell off, and the moving mower blades ran over his arm, causing severe injuries. The plaintiff hired an expert witness who performed and video recorded a variety of accident-reconstruction tests. The expert used an identical lawnmower. However, the tests were performed with the mower starting from a dead stop, rather than in motion, and on a slope of 25 to 30 degrees. The defendant filed a motion in limine asking the court to exclude the expert’s video. The plaintiff countered that the video was proper demonstrative evidence. How should the court rule?112A defendant was charged with possession of unregistered firearms. Prosecutors alleged that the defendant constructed and detonated three pipe bombs...
A defendant was charged with possession of unregistered firearms. Prosecutors alleged that the defendant constructed and detonated three pipe bombs. Each bomb was made of pipe filled with gunpowder, strapped to the gas tank of an unoccupied car, and detonated by an alarm clock attached to two batteries. The prosecution called an expert from the Bureau of Alcohol, Tobacco, and Firearms to testify about the construction of the bombs. The expert explained to the jury how a pipe bomb is constructed and detonated. To illustrate her explanation, the expert used a model of the bombs that she created based on the ingredients in the exploded fragments found at the scene. The defendant objected to the admission of the model. How should the court rule on the objection?113Under what circumstances is evidence of a defendant’s character or prior acts admissible in a case-in-chief?
Under what circumstances is evidence of a defendant’s character or prior acts admissible in a case-in-chief?