Expert Testimony & Court Presentation Flashcards
7 cards from real CFS practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Expert Testimony & Court Presentation flashcards as text
The 'battle of the experts' phenomenon occurs when opposing experts reach contradictory conclusions. To maintain credibility in this situation, a fraud examiner should:
Answer: Clearly articulate the methodological differences that explain the divergent conclusions
Explaining methodological differences helps the jury understand why experts disagree and positions the witness as a credible educator rather than an advocate.
Under the Federal Rules of Civil Procedure Rule 26(a)(2), an expert's written report must include:
Answer: A complete statement of all opinions and the basis and reasons for them
FRCP 26(a)(2) requires the report to contain all opinions the expert intends to express, plus the basis, reasoning, data considered, and exhibits.
When an attorney instructs an expert witness 'don't volunteer information' before testimony, this instruction is:
Answer: A standard and legitimate preparation instruction
Advising a witness to answer only what is asked, without volunteering extra information, is standard and permissible trial preparation.
A fraud examiner is testifying about a Ponzi scheme. The most persuasive way to explain the scheme's mechanics to jurors is to:
Answer: Use a simple visual showing money flowing from new investors to pay old investors
A clear visual flow diagram showing the circular movement of investor funds makes the scheme's mechanics immediately comprehensible to lay jurors.
Which circumstance would most appropriately lead an expert witness to change their opinion before trial?
Answer: New documentary evidence is produced in discovery that contradicts prior assumptions
New material evidence that changes the factual basis of an opinion legitimately requires the expert to revise their conclusions.
What is the primary purpose of a Daubert hearing in a fraud case?
Answer: To allow the judge to screen expert testimony for reliability and relevance before trial
A Daubert hearing is a pretrial gatekeeping proceeding where the judge determines whether proposed expert testimony meets the reliability standards of FRE 702.
An expert witness who charges a contingency fee (a percentage of the damages awarded) is:
Answer: Prohibited because it creates an improper financial interest in the outcome
Contingency fee arrangements for expert witnesses are prohibited because they create a financial stake in the outcome that undermines the expert's required objectivity.