NPPE Expert Witness and Dispute Resolution 1

Question 1

What is the primary duty of an engineer acting as an expert witness in a legal proceeding?

Accepted Answer

To provide independent, objective opinion to the court

Answer

An expert witness's primary duty is to the court, not to the retaining party, requiring independent and objective opinion.

Question 2

In Canadian litigation, what distinguishes an expert witness from a fact witness?

Accepted Answer

Expert witnesses may offer opinions on matters within their expertise; fact witnesses may only testify to what they personally observed

Answer

Unlike fact witnesses who are limited to personal observations, expert witnesses are permitted to offer professional opinions within their area of expertise.

Question 3

Which form of alternative dispute resolution (ADR) results in a binding decision imposed by a neutral third party?

Accepted Answer

Arbitration

Answer

Arbitration produces a binding award by an arbitrator, unlike mediation or conciliation which rely on party agreement.

Question 4

An engineer expert witness discovers during trial preparation that new evidence weakens the position of the retaining lawyer's client. What should the engineer do?

Accepted Answer

Disclose the new evidence and revise the opinion accordingly

Answer

An expert witness must maintain integrity and disclose all relevant findings, even those unfavorable to the retaining party.

Question 5

What is the main advantage of mediation over litigation for resolving engineering disputes?

Accepted Answer

Mediation allows parties to maintain control over the outcome and preserve relationships

Answer

Mediation is a facilitated negotiation where parties control the resolution, which can preserve professional relationships and avoid adversarial outcomes.

NPPE - National Professional Practice Examination Practice Test

NPPE - National Professional Practice Examination Practice Test

NPPE Expert Witness and Dispute Resolution 1