Deck 10: Documentary and Demonstrative Evidence

Question 1

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

Answer 1

True

Question 2

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

Answer 2

False

Question 3

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

Answer 3

True

Question 4

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

Question 5

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

Question 6

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

Question 7

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.

Question 8

Lay witnesses can never qualify as "expert"
witnesses.

Question 9

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

Question 10

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.

Question 11

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

A) Court appointed expert
B) Consulting witness
C) Contract expert
D) Judicial witness

Question 12

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

A) Expert witness
B) Lay witness
C) Official witness
D) Prosecution witness

Question 13

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) Prima facie
B) Cause of action
C) Ultimate issue
D) Inculpatory standard

Question 14

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

A) Oliver Wendell Holmes
B) Learned Hand
C) Felix Frankfurter
D) Sandra Day O'Connor

Question 15

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

A) A person's emotional state
B) Whether a person acted drunk
C) The value of their property
D) Whether a person was insane at the time of committing a crime

Question 16

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

A) Opinion
B) Expert testimony
C) Conclusionary testimony
D) Lay testimony

Question 17

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

A) Expert witness
B) Lay witness
C) Ordinary witness
D) Testimonial witness

Question 18

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

A) When rationally based on the perception of the witness
B) When helpful to a clear understanding of the witness's testimony or the determination of a fact in issue.
C) When not based on scientific, technical, or other specialized knowledge
D) All of the above

Question 19

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

A) Expert witness
B) Lay witness
C) Official witness
D) Prosecution witness

Question 20

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."

A) United States v. Hearst
B) United States v. Yazzie
C) Central R.R. v. Monahan
D) United States v. Carlock