CFL Expert Witness Testimony & Evidence 1 — Questions and Answers
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:
- Reliably to the facts of the case (Correct answer)
- Approved by the court in advance
- Cited in peer-reviewed journals only
- Agreed upon by both parties
Correct answer: Reliably to the facts of the case
FRE 702 requires the expert to reliably apply their methodology to the specific facts of the case.
Question 2: The Daubert standard replaced which earlier expert admissibility test in federal courts?
- Frye general acceptance test (Correct answer)
- Kumho reliability test
- Joiner abuse-of-discretion test
- Twombly plausibility test
Correct answer: Frye general acceptance test
Daubert v. Merrell Dow Pharmaceuticals (1993) replaced the Frye 'general acceptance' standard in federal courts.
Question 3: A financial expert retained solely to consult with counsel without testifying is protected from disclosure under which doctrine?
- Attorney work-product doctrine (Correct answer)
- Attorney-client privilege
- Expert immunity doctrine
- Consulting privilege
Correct answer: Attorney work-product doctrine
Non-testifying consulting experts' identities and opinions are typically shielded under the attorney work-product doctrine.
Question 4: Which document must a retained testifying expert submit under FRCP 26(a)(2)(B) that a non-retained expert need not provide?
- A written expert report (Correct answer)
- A curriculum vitae only
- A deposition transcript summary
- A list of prior cases
Correct answer: A written expert report
Retained experts must provide a full written report including opinions, basis, and qualifications under FRCP 26(a)(2)(B).
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:
- Impeachment by prior inconsistent position (Correct answer)
- Daubert motion in limine
- Voir dire of the expert
- Rebuttal disclosure
Correct answer: Impeachment by prior inconsistent position
Highlighting contradictions between an expert's current and prior positions impeaches their credibility and consistency.
Question 6: In a Daubert hearing, the judge acts as a:
- Gatekeeper determining admissibility (Correct answer)
- Finder of fact on the merits
- Arbitrator between experts
- Special master reviewing evidence
Correct answer: Gatekeeper determining admissibility
The Supreme Court in Daubert held that trial judges serve as gatekeepers to screen expert testimony for reliability before it reaches the jury.
CFL Expert Witness Testimony & Evidence 1
Under Federal Rule of Evidence 702, an expert witness must base their opinion on sufficient facts or data AND apply principles and methods: