Expert Witness and Legal Testimony Flashcards
6 cards from real CAA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Expert Witness and Legal Testimony flashcards as text
What is the difference between 'direct examination' and 'cross-examination' for an expert witness?
Answer: Direct is by the retaining attorney; cross is by the opposing attorney
During direct examination the retaining attorney asks questions to present the expert's opinions, while during cross-examination the opposing attorney challenges those opinions.
An automotive appraiser's written report submitted for litigation should contain which of the following?
Answer: A complete statement of all opinions, the basis and reasons for each, and the data or information considered
Under FRCP Rule 26, an expert's written report must include all opinions, their bases and reasons, the data considered, exhibits used, the witness's qualifications, and a list of other cases in which they testified.
What is 'impeachment' of a witness during cross-examination?
Answer: Attacking the credibility or consistency of the witness's testimony
Impeachment is a cross-examination technique used to undermine the credibility or reliability of a witness by highlighting inconsistencies, bias, or lack of qualification.
When retained as a non-testifying consulting expert, what restriction typically applies to the automotive appraiser's work product?
Answer: It is generally protected from discovery under attorney work-product doctrine
Work product prepared by a non-testifying consulting expert is ordinarily protected from discovery unless the opposing party can show exceptional circumstances.
Which standard of proof applies in most civil vehicle damage lawsuits where an appraiser testifies?
Answer: Preponderance of the evidence
Civil cases use the preponderance of the evidence standard, meaning the plaintiff must show it is more likely than not (greater than 50%) that their damages occurred as claimed.
What is the purpose of a 'hypothetical question' posed to an expert witness during trial?
Answer: To allow the expert to give an opinion based on assumed facts that counsel intends to prove
A hypothetical question asks the expert to assume certain facts are true and then render an opinion, allowing the expert to opine before all evidence is formally admitted.