CFC Courtroom Presentation & Testimony 2 — Questions and Answers
Question 1: When an opposing attorney objects to a forensic consultant's testimony as 'beyond the scope of expertise,' the expert witness should:
- Immediately retract the statement
- Continue testifying and ignore the objection
- Stop and allow the judge to rule on the objection (Correct answer)
- Ask the jury to disregard the objection
Correct answer: Stop and allow the judge to rule on the objection
When an objection is raised, the witness must stop testifying and allow the court to rule before continuing.
Question 2: In federal court, the admissibility of expert testimony is primarily governed by:
- Federal Rule of Evidence 702 (Correct answer)
- Federal Rule of Civil Procedure 26
- Federal Rule of Evidence 404
- The Frye standard alone
Correct answer: Federal Rule of Evidence 702
FRE 702 sets the standards for expert testimony admissibility, incorporating the Daubert criteria.
Question 3: A forensic consultant preparing demonstrative exhibits for trial should ensure that visual aids:
- Are as complex as possible to show thoroughness
- Accurately represent the underlying data without distortion (Correct answer)
- Include only information favorable to the retaining party
- Use color schemes that evoke strong emotions
Correct answer: Accurately represent the underlying data without distortion
Demonstrative exhibits must accurately and fairly represent the underlying data to maintain credibility and avoid misleading the jury.
Question 4: Which technique is most effective when a forensic consultant must explain a highly technical concept to a lay jury?
- Use technical jargon to establish authority
- Provide an analogy that relates the concept to everyday experience (Correct answer)
- Speak rapidly to cover the material before objections arise
- Refer jurors to technical literature for self-study
Correct answer: Provide an analogy that relates the concept to everyday experience
Analogies bridge the gap between complex technical concepts and jury comprehension, making testimony more persuasive.
Question 5: During deposition, a forensic consultant is asked a question that contains a false premise. The best response is to:
- Answer the question as posed to avoid appearing evasive
- Correct the false premise before providing any answer (Correct answer)
- Decline to answer until trial
- Confer with retaining counsel before responding
Correct answer: Correct the false premise before providing any answer
Accepting a false premise in a question can compromise the accuracy of testimony; the expert must correct it first.
Question 6: A 'hot tub' or concurrent expert evidence session is a procedure in which:
- Experts testify simultaneously and may question each other (Correct answer)
- Jurors privately question the expert outside the courtroom
- The judge and attorneys meet with the expert informally
- Experts review each other's reports before trial
Correct answer: Experts testify simultaneously and may question each other
Concurrent expert testimony (hot-tubbing) allows multiple experts to testify at the same time and engage in facilitated discussion.
Question 7: When an expert witness's prior testimony in another case is used to impeach current testimony, the most effective response is to:
- Deny having given prior testimony
- Acknowledge the prior testimony and explain any contextual differences (Correct answer)
- Refuse to answer questions about prior cases
- Ask the judge to exclude the prior testimony
Correct answer: Acknowledge the prior testimony and explain any contextual differences
Acknowledging prior testimony and explaining contextual differences demonstrates intellectual honesty and maintains credibility.
CFC Courtroom Presentation & Testimony 2
When an opposing attorney objects to a forensic consultant's testimony as 'beyond the scope of expertise,' the expert witness should: