CFC Courtroom Presentation & Testimony 3 — Questions and Answers
Question 1: The 'Daubert trilogy' refers to which three Supreme Court decisions shaping expert admissibility?
- Daubert, Joiner, Kumho Tire (Correct answer)
- Daubert, Frye, Joiner
- Kumho Tire, Frye, Daubert
- Joiner, Kumho Tire, Twombly
Correct 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).
Question 2: In Kumho Tire Co. v. Carmichael (1999), the Supreme Court held that the Daubert gatekeeping obligation:
- Applies only to scientific expert testimony
- Applies to all expert testimony, including technical and specialized knowledge (Correct answer)
- Was unconstitutional and should be abandoned
- Should be applied by juries, not judges
Correct 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.
Question 3: A forensic consultant who is asked to assume facts not in evidence during a hypothetical question should:
- Refuse to answer any hypothetical questions
- Answer based on the assumed facts and clearly state they are assumptions (Correct answer)
- Only answer if the assumed facts match the actual case facts
- Request the jury be dismissed before answering
Correct 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.
Question 4: Which element is NOT one of the four Daubert factors for evaluating scientific testimony?
- Whether the theory has been tested
- Whether the expert holds a doctoral degree (Correct answer)
- The known or potential rate of error
- General acceptance in the relevant scientific community
Correct answer: Whether the expert holds a doctoral degree
Daubert's factors focus on methodology reliability, not the expert's academic credentials.
Question 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:
- Continue presenting and correct the error in written reports later
- Acknowledge the error immediately and correct it before the jury (Correct answer)
- Ask the court for a recess and quietly fix the exhibit
- Blame the technical support staff for the error
Correct 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.
Question 6: The term 'learned treatise' in the context of expert cross-examination refers to:
- The expert's own published books
- Authoritative publications in the expert's field that can be used to challenge testimony (Correct answer)
- Court-mandated reading materials for jurors
- The expert's curriculum vitae
Correct 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.
Question 7: A forensic consultant's duty of candor requires that, when asked about the weaknesses of their analysis, the expert should:
- Deflect the question to protecting the client's interests
- Honestly acknowledge limitations while contextualizing their significance (Correct answer)
- Refuse to answer on grounds of attorney-client privilege
- State there are no weaknesses to avoid undermining the case
Correct 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.
CFC Courtroom Presentation & Testimony 3
The 'Daubert trilogy' refers to which three Supreme Court decisions shaping expert admissibility?