Courtroom Presentation & Testimony Flashcards
7 cards from real CFC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Courtroom Presentation & Testimony flashcards as text
A forensic expert who receives a subpoena duces tecum for all notes and working papers must:
Answer: Produce all responsive documents, including draft reports and scratch notes
A subpoena duces tecum requires production of all responsive materials; destroying documents after receipt constitutes spoliation.
During redirect examination, the purpose is to:
Answer: Rehabilitate the expert witness's credibility and clarify testimony challenged on cross
Redirect examination gives the sponsoring attorney the opportunity to address damage done to the expert's credibility during cross-examination.
In a bench trial (no jury), the forensic consultant should adjust their testimony by:
Answer: Using slightly more technical language since the judge has legal training
Judges have legal training and can process more technical information than lay jurors, allowing for slightly more sophisticated presentations.
A Frye hearing (general acceptance test) most often arises in which context?
Answer: State courts in jurisdictions that have not adopted the Daubert standard
Many states still use the Frye standard, requiring that a scientific technique be 'generally accepted' in the relevant scientific community.
When the opposing attorney employs the 'looping' cross-examination technique, they are:
Answer: Incorporating the expert's prior answer into the next question to box in the witness
Looping uses the expert's own answer as the premise of the next question, progressively narrowing the expert's ability to qualify responses.
Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure requires that an expert's written report include:
Answer: A complete statement of all opinions and reasons, data considered, exhibits, qualifications, prior testimony, and compensation
FRCP 26(a)(2)(B) requires a comprehensive expert report covering opinions, basis, supporting data, exhibits, qualifications, prior testimony list, and compensation.
A forensic consultant should avoid 'advocacy creep,' which is defined as:
Answer: Gradually assuming the role of an advocate for the retaining party rather than an objective expert
Advocacy creep occurs when an expert unconsciously begins to champion the client's position rather than maintaining objective analysis.