CFL Expert Witness Testimony & Evidence

Question 1

Under Federal Rule of Evidence 702, an expert witness must base their opinion on sufficient facts or data AND apply principles and methods:

Accepted Answer

Reliably to the facts of the case

Answer

Approved by the court in advance

Answer

Cited in peer-reviewed journals only

Answer

Agreed upon by both parties

Question 2

The Daubert standard replaced which earlier expert admissibility test in federal courts?

Accepted Answer

Frye general acceptance test

Answer

Kumho reliability test

Answer

Joiner abuse-of-discretion test

Answer

Twombly plausibility test

Question 3

A financial expert retained solely to consult with counsel without testifying is protected from disclosure under which doctrine?

Accepted Answer

Attorney work-product doctrine

Answer

Attorney-client privilege

Answer

Expert immunity doctrine

Answer

Consulting privilege

Question 4

Which document must a retained testifying expert submit under FRCP 26(a)(2)(B) that a non-retained expert need not provide?

Accepted Answer

A written expert report

Answer

A curriculum vitae only

Answer

A deposition transcript summary

Answer

A list of prior cases

Question 5

During cross-examination, opposing counsel challenges a financial expert's damages model by showing the assumptions differ from those used in a prior case. This technique is called:

Accepted Answer

Impeachment by prior inconsistent position

Answer

Daubert motion in limine

Answer

Voir dire of the expert

Answer

Rebuttal disclosure

Question 6

In a Daubert hearing, the judge acts as a:

Accepted Answer

Gatekeeper determining admissibility

Answer

Finder of fact on the merits

Answer

Arbitrator between experts

Answer

Special master reviewing evidence