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 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 that the expert cannot state an opinion until she first lists every measurement, photograph, and calculati...
Citations: Fed. R. Evid. 705
...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 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)
...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
...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
...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 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
...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
...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
...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
...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
...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
...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
...urely legal preemption issue. At trial, the defendant objected to one expert's causation opinion as unreliable, but did not object when the court later admitted a cumulative internal email. The defendant also proposed a...
Citations: Fed. R. Civ. P. 46, Fed. R. Civ. P. 51, Fed. R. Civ. P. 61, Fed. R. Evid. 103
...t. The defendant cited the plaintiff's discovery responses showing no expert witness, no medical causation opinion, and no other admissible causation evidence. The plaintiff bears the burden to prove causation at trial...
Citations: Fed. R. Civ. P. 56(c), Celotex Corp. v. Catrett
A task memo asks for an opinion letter to the client about a threatened contract dispute. A student wants to address the letter to opposing counsel and threaten immediate litigation because the client's position is fairl...
Citations: NCBE MPT preparation materials
An MPT task memo asks you to draft an opinion letter to GreenSteps, a landscaping company that wants to hire a sales manager who recently left a competitor. The former employer sent a letter threatening to sue if GreenSt...
Citations: NCBE MPT preparation materials, NCBE MPT overview
An MPT task memo asks you to draft an opinion letter to Maria, the owner of a neighborhood cafe. Maria wants to know whether she may stop paying rent and terminate her five-year commercial lease because the landlord has...
Citations: NCBE MPT preparation materials, NCBE MPT overview
An opinion letter to a nonlawyer client must rely on a statute and two cases from the Library. How should the letter use those authorities? The correct answer states how to use legal authority in a client-facing MPT lett...
Citations: NCBE MPT preparation materials
A client asks for an opinion letter about terminating a lease after the landlord failed to repair the building. The File also shows that the client withheld rent before giving the written notice required by the lease. Th...
Citations: NCBE MPT preparation materials
...wrote an online review of Kaito's restaurant. The review said: "In my opinion, Kaito is a fraud. I have seen records proving he waters down premium sake and charges customers full price." The critic had seen no such reco...
Citations: NCBE MBE Subject Matter Outline, Torts, Milkovich v. Lorain Journal Co., Restatement (Second) of Torts
A plaintiff injured in a negligence accident presents expert testimony that she will need a second knee surgery within three years, that the need is medically probable, and that the surgery will likely cost between $38,0...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
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