CFC Legal Standards & Expert Witness Testimony 3

Question 1

Under the Frye standard, expert scientific testimony is admissible if the methodology:

Accepted Answer

Is generally accepted in the relevant scientific community

Answer

Frye v. United States (1923) established the 'general acceptance' test — the methodology must be accepted by the relevant scientific community.

Question 2

A forensic consultant discovers mid-engagement that initial assumptions used in a damages report were incorrect. The consultant's ethical obligation is to:

Accepted Answer

Notify retaining counsel and revise the report with corrected assumptions

Answer

Professional ethics require correcting erroneous foundational assumptions and updating opinions before finalizing reports.

Question 3

Which evidentiary rule governs the admissibility of business records as an exception to the hearsay rule in federal court?

Accepted Answer

FRE 803(6)

Answer

FRE 803(6) is the business records exception, allowing records kept in the regular course of business to be admitted despite hearsay concerns.

Question 4

An expert is asked to review a competitor's trade secrets as part of a litigation engagement. What ethical boundary is most critical?

Accepted Answer

Ensuring confidential materials are used solely for litigation purposes and not competitively

Answer

Experts reviewing confidential materials are ethically bound to use them solely for the disclosed litigation purpose and not for competitive advantage.

Question 5

During voir dire, opposing counsel challenges an expert's qualifications. The expert's strongest response to establish competency is to:

Accepted Answer

Cite specific education, training, publications, and relevant case experience

Answer

Demonstrating qualifications requires concrete specifics — education, training, publications, and directly relevant prior experience — not generalities.

(CFC) Certified Forensic Consultant Practice Test

(CFC) Certified Forensic Consultant Practice Test

CFC Legal Standards & Expert Witness Testimony 3