CFC Legal Standards & Expert Witness Testimony 2

Question 1

Under Federal Rule of Evidence 702, which factor does NOT determine the admissibility of expert testimony?

Accepted Answer

The expert's fee arrangement with the retaining party

Answer

FRE 702 focuses on methodology, data sufficiency, and application of principles — not on the expert's compensation arrangement.

Question 2

A forensic consultant is retained by the defense in a criminal case. The prosecutor subpoenas the consultant's work product. Under what doctrine may certain materials be protected?

Accepted Answer

Work product doctrine

Answer

The work product doctrine protects materials prepared in anticipation of litigation from opposing counsel's discovery requests.

Question 3

When an expert witness is asked during cross-examination about a learned treatise, which statement is accurate under FRE 803(18)?

Accepted Answer

The treatise can be read into evidence but not admitted as an exhibit

Answer

Under FRE 803(18), learned treatises may be read into evidence as an exception to hearsay but are not admitted as exhibits.

Question 4

A Daubert challenge is filed against a forensic accountant's damages calculation. The judge's role during a Daubert hearing is best described as:

Accepted Answer

Acting as a gatekeeper to assess reliability of the methodology

Answer

The Supreme Court in Daubert v. Merrell Dow established the trial judge as a gatekeeper who screens expert testimony for methodological reliability.

Question 5

Which scenario best illustrates 'scope creep' that an expert witness must avoid?

Accepted Answer

Providing opinions on matters outside one's disclosed area of expertise

Answer

Scope creep occurs when an expert renders opinions beyond the area of expertise for which they were retained and qualified.

(CFC) Certified Forensic Consultant Practice Test

(CFC) Certified Forensic Consultant Practice Test

CFC Legal Standards & Expert Witness Testimony 2