ABFM Legal Responsibilities and Expert Testimony 2

Question 1

Under Federal Rule of Evidence 702, which factor is NOT required for expert testimony to be admitted?

Accepted Answer

The expert must have published peer-reviewed articles on the topic

Answer

FRE 702 requires sufficient facts/data, reliable methods, and proper application, but does NOT require prior publication.

Question 2

A forensic medicine expert who overstates the certainty of forensic evidence during testimony may be subject to which professional consequence?

Accepted Answer

Sanctions, loss of licensure, or ethics violations

Answer

Overstating certainty violates professional ethics codes and can result in sanctions, board complaints, or loss of certification.

Question 3

In a civil malpractice case, the standard for expert witness testimony regarding the standard of care is typically based on:

Accepted Answer

What a reasonably competent practitioner in the same specialty would do

Answer

The standard of care in malpractice is measured against what a reasonably competent practitioner in the same specialty would do under similar circumstances.

Question 4

Which term describes an expert witness who is paid a contingency fee based on the outcome of litigation?

Accepted Answer

An improper expert arrangement

Answer

Contingency fee arrangements for expert witnesses are considered improper and unethical because they create a financial bias toward a particular outcome.

Question 5

The Daubert standard replaced which earlier standard for admissibility of scientific expert testimony in federal courts?

Accepted Answer

The Frye general acceptance standard

Answer

Daubert v. Merrell Dow Pharmaceuticals (1993) replaced the Frye 'general acceptance' standard in federal courts.

(ABFM) American Board of Forensic Medicine Certification Practice Test

(ABFM) American Board of Forensic Medicine Certification Practice Test

ABFM Legal Responsibilities and Expert Testimony 2