Evidence and Discovery Flashcards

Under FRE 702, an expert witness may offer opinion testimony when which primary condition is satisfied?

Answer: The expert's specialized knowledge will help the fact-finder understand the evidence or determine a fact

FRE 702 allows expert testimony when the expert's scientific, technical, or other specialized knowledge will assist the trier of fact in understanding evidence or determining a fact in issue.

Under the Daubert standard, the trial judge serves in what function regarding the admissibility of expert testimony?

Answer: Gatekeeper who screens the reliability of expert evidence

Under Daubert v. Merrell Dow Pharmaceuticals, the trial judge acts as a gatekeeper, assessing whether expert testimony rests on a reliable methodology before it reaches the jury.

Spoliation of evidence is best defined as which of the following?

Answer: Destruction, alteration, or failure to preserve evidence relevant to anticipated litigation

Spoliation is the destruction, alteration, concealment, or failure to preserve evidence known to be relevant to reasonably anticipated or pending litigation, which can result in sanctions.

A protective order in discovery under FRCP 26(c) is typically sought to accomplish which purpose?

Answer: Limit or prevent disclosure of sensitive or confidential information

A protective order under FRCP 26(c) is issued by the court to protect a party from annoyance, embarrassment, oppression, or undue burden, often by limiting disclosure of confidential information.

Electronically Stored Information (ESI) in federal civil discovery is primarily governed by which rules?

Answer: FRCP 26 and FRCP 34

ESI discovery is primarily governed by FRCP 26 (general discovery scope including ESI) and FRCP 34 (requests for production of ESI), both amended to address electronic discovery obligations.

The parol evidence rule prevents parties from using extrinsic evidence to do which of the following?

Answer: Contradict or vary the terms of a fully integrated written contract

The parol evidence rule bars the use of prior or contemporaneous oral or written statements to contradict or vary the terms of a final, fully integrated written contract.

Judicial notice under FRE 201 allows a court to accept a fact as established without formal proof when the fact is:

Answer: Generally known within the jurisdiction or capable of accurate and ready determination from reliable sources

Under FRE 201, judicial notice may be taken of adjudicative facts that are generally known in the jurisdiction or capable of accurate and ready determination by reference to reliable sources.