Exam 10: Documentary and Demonstrative Evidence

The general rule is that a witness can testify to a matter even if that witness has no personal knowledge of the matter.

Which of the following is a factor when determining whether opinion testimony by lay witnesses can be admitted:

An ordinary witness with no special training or expertise in the matter testified about and who is providing testimony from personal knowledge is called:

The following are all common examples of what a lay witness may give an opinion about, except:

At common-law, the general rule was that lay witnesses were allowed to give opinions.

This case illustrated how witnesses' opinions can be helpful to a jury, especially where the "facts" to which the witness would otherwise have to testify are difficult to articulate. The Court found that an opinion by a lay witness can be an effective means of "conveying to the jury what the witness has seen or heard."

An opinion is a judgment or conclusion we make based on our impressions, perceptions, or, in the case of experts, special skills and knowledge.

A judgment or conclusion made based on impressions, perceptions, or, in the case of experts, special skills and knowledge, is called:

Lay witnesses can never qualify as "expert" witnesses.

A police officer testifying about the meaning of skid marks at an accident scene would be classified as:

The reason for or element of a legal action, usually pertaining to the guilt of a criminal action defendant or liability of a civil action defendant, is called:

A lay witness is an expert with special training or expertise in the matter testified about.

A police officer routinely testifying about what she observed at an accident scene would be classified as:

An expert witness is one who is qualified beyond the lay witness by special knowledge, skills, experience, training, and/or education.

Lay witnesses are usually called to testify about statements of fact regarding what they have seen or heard, but they may also give opinions about common things which are based upon their perceptions.

Sometimes the trial court may step in and appoint an expert witness. This type of witness is often called:

A lay witness is an ordinary witness who must testify from personal knowledge about a matter at issue.

Opinion testimony can be helpful to the fact-finding process to help juries better understand the evidence.

Expert witness opinions must be based on first-hand observation, like a psychiatrist who examined one of the parties, and cannot be based solely on a hypothetical question.

Which judge said: "The line between opinion and fact is at best only one of degree."