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Courtroom Presentation & Testimony Flashcards

7 cards from real CFC practice questions. Tap to flip, then mark Knew It or Still Learning โ€” missed cards come back until you master them.

Read the first 7 Courtroom Presentation & Testimony flashcards as text
  1. The 'Daubert trilogy' refers to which three Supreme Court decisions shaping expert admissibility?

    Answer: Daubert, Joiner, Kumho Tire

    The Daubert trilogy consists of Daubert v. Merrell Dow (1993), General Electric v. Joiner (1997), and Kumho Tire v. Carmichael (1999).

  2. In Kumho Tire Co. v. Carmichael (1999), the Supreme Court held that the Daubert gatekeeping obligation:

    Answer: Applies to all expert testimony, including technical and specialized knowledge

    Kumho Tire extended the Daubert reliability standard beyond pure science to all expert testimony including technical and experiential expertise.

  3. A forensic consultant who is asked to assume facts not in evidence during a hypothetical question should:

    Answer: Answer based on the assumed facts and clearly state they are assumptions

    Experts may answer hypothetical questions but must clearly anchor their responses to the assumed facts presented.

  4. Which element is NOT one of the four Daubert factors for evaluating scientific testimony?

    Answer: Whether the expert holds a doctoral degree

    Daubert's factors focus on methodology reliability, not the expert's academic credentials.

  5. When presenting financial forensic findings on a courtroom screen, the consultant notices a calculation error on a displayed chart. The best immediate action is to:

    Answer: Acknowledge the error immediately and correct it before the jury

    Immediate, transparent correction of errors preserves expert credibility far better than concealment or delay.

  6. The term 'learned treatise' in the context of expert cross-examination refers to:

    Answer: Authoritative publications in the expert's field that can be used to challenge testimony

    Under FRE 803(18), statements from learned treatises acknowledged as authoritative may be used in cross-examination of experts.

  7. A forensic consultant's duty of candor requires that, when asked about the weaknesses of their analysis, the expert should:

    Answer: Honestly acknowledge limitations while contextualizing their significance

    Acknowledging analytical limitations honestly is required by professional ethics and actually enhances expert credibility with the trier of fact.