Certified Valuation Analyst CVA Litigation Support and Expert Testimony 1

Question 1

In U.S. federal courts, the admissibility of expert testimony is governed primarily by:

Accepted Answer

Federal Rule of Evidence 702 and the Daubert standard

Answer

FRE 702 and the Daubert trilogy require that expert testimony be based on sufficient facts, reliable methodology, and proper application to the case facts.

Question 2

Under the Daubert standard, a judge evaluating a valuation expert's methodology may consider:

Accepted Answer

Whether the methodology has been tested, peer-reviewed, and has a known error rate

Answer

Daubert factors include testability, peer review, known error rate, and general acceptance in the relevant professional community.

Question 3

A CVA retained as a 'consulting expert' (non-testifying) in litigation:

Accepted Answer

Is typically protected from discovery and helps counsel understand valuation issues

Answer

Consulting experts are generally shielded from discovery under FRCP 26(b)(4)(D) and serve to advise counsel rather than present opinions to the court.

Question 4

The 'reasonable certainty' standard applied to damages in business litigation generally requires that:

Accepted Answer

The fact of damages must be proven with certainty, but the amount may be estimated with reasonable probability

Answer

Courts distinguish between certainty of the existence of harm (required) and precision of the amount (reasonable probability suffices), giving experts flexibility in methodology.

Question 5

Lost profits damages in a breach of contract case are typically calculated using which framework?

Accepted Answer

But-for revenues minus actual revenues, less saved costs, discounted to present value if future losses are included

Answer

Lost profits are measured as the difference between what the plaintiff would have earned 'but for' the breach and what it actually earned, net of mitigated or avoided costs.

Certified Valuation Analyst Practice Test

Certified Valuation Analyst Practice Test

Certified Valuation Analyst CVA Litigation Support and Expert Testimony 1