Witnesses and Opinions / Lay and Expert Opinion
Evidence Lay and Expert Opinion Witnesses and Opinions Witnesses and Opinions / Lay and Expert Opinion Witnesses and Opinions Lay and Expert Opinion Witnesses and Opinions / Lay and Expert Opinion
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Expert Opinion
Expert Opinion Evidence Evidence Expert Opinion Complete Evidence List EvidenceThis topic appears in the UBE 2026 Rules Library master list under Evidence.Expert OpinionUse this entry as the rule-review checkpoint for Ex...
A plaintiff offers a fire investigator's expert opinion that a defective appliance caused a house fire. The investiga...
A plaintiff offers a fire investigator's expert opinion that a defective appliance caused a house fire. The investigator is qualified, but the defendant challenges whether the investigator used reliable methods and relia...
Citations: Fed. R. Evid. 702
A medical expert forms an opinion partly from hospital records, lab reports, and interviews with family members. Some...
A medical expert forms an opinion partly from hospital records, lab reports, and interviews with family members. Some family statements are hearsay, but doctors in the field reasonably rely on such histories when making...
Citations: Fed. R. Evid. 703
At trial, a qualified engineering expert is asked for her opinion on why a crane failed. Opposing counsel objects tha...
At trial, a qualified engineering expert is asked for her opinion on why a crane failed. Opposing counsel objects that the expert cannot state an opinion until she first lists every measurement, photograph, and calculati...
Citations: Fed. R. Evid. 705
In a complex patent-damages case, the court appoints a neutral accounting expert under Rule 706. One party asks to de...
...complex patent-damages case, the court appoints a neutral accounting expert under Rule 706. One party asks to depose and cross-examine the expert. The other argues that court-appointed experts are neutral and therefore...
Citations: Fed. R. Evid. 706
In a negligence trial, a qualified accident-reconstruction expert will testify that the defendant's truck crossed the...
In a negligence trial, a qualified accident-reconstruction expert will testify that the defendant's truck crossed the center line and caused the collision. The defendant objects that causation is the ultimate issue for t...
Citations: Fed. R. Evid. 704(a), Fed. R. Evid. 704(b)
Defendant is charged in federal court with knowingly possessing fentanyl with intent to distribute. Defendant claims...
...timony under the opinion rules? Discuss ultimate issues, Rule 704(b), expert helpfulness, and legal conclusions. This essay tests ultimate issue testimony and the criminal mental-state limit. Fed. R. Evid. 704, Fed. R. E...
Citations: Fed. R. Evid. 704, Fed. R. Evid. 702, Fed. R. Evid. 403
Homeowner sues BatteryCo after a home fire allegedly started in a lithium battery pack. Homeowner offers Dr. Lin, an...
...e origin. How should the court analyze the admissibility of Dr. Lin's expert opinion under Rule 702? Discuss qualification, sufficient facts or data, reliable principles and methods, reliable application, and helpfulness...
Citations: Fed. R. Evid. 702, Fed. R. Evid. 403
In a car-crash trial, a pedestrian who saw the collision from the curb testifies that the defendant's car was "going...
...50 miles per hour." The pedestrian is not an accident-reconstruction expert. Defendant objects to the speed estimate. How should the court rule? The correct answer applies Rule 701 to an ordinary speed estimate. Fed. R...
Citations: Fed. R. Evid. 701
Defendant is charged with knowingly possessing counterfeit access cards. A defense psychiatrist will testify that Def...
Defendant is charged with knowingly possessing counterfeit access cards. A defense psychiatrist will testify that Defendant has a cognitive disorder that makes him unusually suggestible. The defense also wants the psy...
Citations: Fed. R. Evid. 704(b), Fed. R. Evid. 702
In a complex federal groundwater-contamination case, both sides offer hydrogeologists with sharply conflicting models...
...ng models. After a hearing, the judge appoints Dr. Silva as a neutral expert under Rule 706 to help the jury understand plume movement. The court instructs Dr. Silva to prepare a report and states that each side may depo...
Citations: Fed. R. Evid. 706, Fed. R. Evid. 403
In a construction-defect case, a master plumber with 25 years of field experience but no engineering degree is offere...
...t only a mechanical engineer with a doctoral degree can testify as an expert. Which statement is most accurate? The correct answer states the qualification language of Rule 702. Fed. R. Evid. 702
Citations: Fed. R. Evid. 702
In a products-liability case, a factory technician who repaired the machine after the accident will testify that a wo...
...pecialized repair training. The plaintiff offers the testimony as lay opinion because the technician personally inspected the machine. Which statement is most accurate? The correct answer applies Rule 701(c)'s specialize...
Citations: Fed. R. Evid. 701, Fed. R. Evid. 702
Patient sues PharmaCo, alleging that a drug caused liver failure. Patient offers Dr. Rao, a hepatologist. Dr. Rao rev...
...erature excerpts will confuse the jury. Patient says Rule 703 permits experts to rely on inadmissible information. PharmaCo also wants to cross-examine Dr. Rao on every basis for his opinion. How should the court rule? D...
Citations: Fed. R. Evid. 703, Fed. R. Evid. 705, Fed. R. Evid. 702
Plaintiff sues DeliveryCo after a van struck her bicycle in a downtown intersection. Plaintiff calls Bystander, who w...
...he court rule on the proposed opinion testimony? Discuss lay opinion, expert opinion, helpfulness, specialized knowledge, and any disclosure or reliability issues. This essay tests the boundary between lay opinion and ex...
Citations: Fed. R. Evid. 701, Fed. R. Evid. 702, Fed. R. Evid. 403
Restaurant Owner sues Contractor for a fire that closed the restaurant for two months. Owner has operated the restaur...
...oks and experience. Contractor objects that only a retained valuation expert may give a dollar opinion. Which statement is most accurate? The correct answer applies Rule 701 to owner valuation testimony. Fed. R. Evid. 70
Citations: Fed. R. Evid. 701
Lay Opinion
...ActsHabitAuthenticationBest Evidence RuleWitness CompetencyLay OpinionExpert OpinionImpeachmentRehabilitationPrior Inconsistent StatementsPrior Consistent StatementsBiasConvictionsSpecific ActsHearsayHearsay ExclusionsHe...
Bias
...ActsHabitAuthenticationBest Evidence RuleWitness CompetencyLay OpinionExpert OpinionImpeachmentRehabilitationPrior Inconsistent StatementsPrior Consistent StatementsBiasConvictionsSpecific ActsHearsayHearsay ExclusionsHe...
Habit
...ActsHabitAuthenticationBest Evidence RuleWitness CompetencyLay OpinionExpert OpinionImpeachmentRehabilitationPrior Inconsistent StatementsPrior Consistent StatementsBiasConvictionsSpecific ActsHearsayHearsay ExclusionsHe...
Hearsay
...ActsHabitAuthenticationBest Evidence RuleWitness CompetencyLay OpinionExpert OpinionImpeachmentRehabilitationPrior Inconsistent StatementsPrior Consistent StatementsBiasConvictionsSpecific ActsHearsayHearsay ExclusionsHe...
Relevance
...ActsHabitAuthenticationBest Evidence RuleWitness CompetencyLay OpinionExpert OpinionImpeachmentRehabilitationPrior Inconsistent StatementsPrior Consistent StatementsBiasConvictionsSpecific ActsHearsayHearsay ExclusionsHe...
Privileges
...ActsHabitAuthenticationBest Evidence RuleWitness CompetencyLay OpinionExpert OpinionImpeachmentRehabilitationPrior Inconsistent StatementsPrior Consistent StatementsBiasConvictionsSpecific ActsHearsayHearsay ExclusionsHe...
Convictions
...ActsHabitAuthenticationBest Evidence RuleWitness CompetencyLay OpinionExpert OpinionImpeachmentRehabilitationPrior Inconsistent StatementsPrior Consistent StatementsBiasConvictionsSpecific ActsHearsayHearsay ExclusionsHe...