Evidence Flashcards

Expert testimony under FRE 702 (Daubert) is admissible if the expert's opinion is based on sufficient facts, employs reliable methodology, and:

Answer: The reasoning has been reliably applied to the facts of the case

Under Daubert and FRE 702, a court must find that the expert's reliable principles and methods have been reliably applied to the specific facts of the case.

An excited utterance exception to the hearsay rule (FRE 803(2)) requires that the statement:

Answer: Related to a startling event and was made while the declarant was under the stress of excitement caused by the event

An excited utterance is admissible if it relates to a startling event or condition and was made while the declarant was still under the stress of excitement from that event.

Under FRE 407, subsequent remedial measures are generally inadmissible to prove:

Answer: Negligence or culpable conduct, but are admissible to show control, feasibility, or impeachment

FRE 407 excludes subsequent remedial measures to prove negligence or culpable conduct but permits them for other purposes such as proving ownership, control, feasibility, or impeachment.

Lay witness opinion testimony is admissible under FRE 701 if it is:

Answer: Rationally based on the witness's own perception, helpful to understanding testimony, and not based on scientific knowledge

Lay opinion under FRE 701 must be rationally based on the witness's perception, helpful to the trier of fact, and not based on specialized knowledge requiring expert qualification.

The work product doctrine protects materials prepared in anticipation of litigation from discovery. Which type of work product receives the strongest protection?

Answer: Opinion work product reflecting mental impressions, conclusions, and legal theories of counsel

Opinion work product — an attorney's mental impressions, conclusions, opinions, and legal theories — receives near-absolute protection and is rarely discoverable even on a showing of need.

Under FRE 801(d)(2), a party's own out-of-court statement offered against that party is:

Answer: An admission by a party-opponent that is defined as non-hearsay

FRE 801(d)(2) defines a party-opponent's own statements offered against them as non-hearsay admissions, admissible without satisfying a hearsay exception.