CFN Legal Testimony & Expert Witness Responsibilities 3 — Questions and Answers
Question 1: Under Federal Rule of Evidence 702, which factor does NOT directly bear on the admissibility of expert testimony?
- Whether the testimony is based on sufficient facts or data
- Whether the expert's fee is reasonable (Correct answer)
- Whether the testimony is the product of reliable principles and methods
- Whether the expert has reliably applied the principles to the facts of the case
Correct answer: Whether the expert's fee is reasonable
FRE 702 addresses the reliability and relevance of the expert's opinion, not the reasonableness of the expert's compensation.
Question 2: A forensic nurse is deposed prior to trial. What is the primary purpose of a deposition in civil litigation?
- To allow the judge to pre-screen testimony for admissibility
- To obtain sworn testimony and preserve it for trial use (Correct answer)
- To negotiate a settlement between the parties
- To allow the expert to review all opposing evidence
Correct answer: To obtain sworn testimony and preserve it for trial use
A deposition preserves a witness's sworn testimony under oath, which can be used at trial for impeachment or if the witness is unavailable.
Question 3: Which behavior during testimony would most damage a forensic nurse expert's credibility with the jury?
- Using anatomical terminology and then explaining it in lay terms
- Changing a prior documented opinion without a new factual basis (Correct answer)
- Acknowledging that a finding could have an alternative explanation
- Pausing before answering complex questions
Correct answer: Changing a prior documented opinion without a new factual basis
Changing an opinion without a new factual basis implies the expert's opinions are not reliably grounded and severely undermines credibility.
Question 4: What is the primary distinction between a fact witness and an expert witness in court?
- Fact witnesses are paid; expert witnesses volunteer their time
- Expert witnesses may offer opinions based on specialized knowledge; fact witnesses may only testify to what they personally observed (Correct answer)
- Fact witnesses are always healthcare providers; expert witnesses are attorneys
- Expert witnesses must be licensed physicians; fact witnesses need no credentials
Correct answer: Expert witnesses may offer opinions based on specialized knowledge; fact witnesses may only testify to what they personally observed
Expert witnesses may draw inferences and offer opinions beyond personal observation, while fact witnesses are limited to what they directly witnessed.
Question 5: A forensic nurse expert discovers after submitting her report that a key study she cited has been retracted. What is her ethical obligation?
- Ignore the retraction since the report has already been submitted
- Notify retaining counsel and, if required, supplement or amend the report (Correct answer)
- Wait to see if opposing counsel discovers the retraction independently
- Withdraw from the case immediately without explanation
Correct answer: Notify retaining counsel and, if required, supplement or amend the report
Professional and ethical obligations require the expert to inform retaining counsel of material changes and update or supplement the report as needed.
Question 6: In a sexual assault case, the forensic nurse's colposcopic images are introduced as exhibits. Which foundational requirement must be met for the images to be admissible?
- The images must be color-corrected by a certified photographer
- Chain of custody must be established showing the images accurately represent what was examined (Correct answer)
- The defense attorney must independently review the images before trial
- The images must be submitted to a peer-review panel before admission
Correct answer: Chain of custody must be established showing the images accurately represent what was examined
Authentication through chain of custody demonstrates that the images are accurate representations of the examination findings and have not been altered.
Question 7: The Daubert standard requires the trial judge to act as a 'gatekeeper' for expert testimony. What does this mean?
- The judge decides which expert the jury will find more persuasive
- The judge evaluates whether the expert's methodology is scientifically reliable before testimony is admitted (Correct answer)
- The judge assigns an expert witness to each side at no cost
- The judge reviews all expert fees before allowing testimony
Correct answer: The judge evaluates whether the expert's methodology is scientifically reliable before testimony is admitted
Under Daubert, the trial judge has a gatekeeping function to screen expert testimony for reliability and relevance before it reaches the jury.
CFN Legal Testimony & Expert Witness Responsibilities 3
Under Federal Rule of Evidence 702, which factor does NOT directly bear on the admissibility of expert testimony?