Question : 21) Which of the following a difference between Rule 704 : 1222564

 

21) Which of the following is a difference between Rule 704 and Rule 705 of the Federal Rules of Evidence?

A) Rule 704 allows an expert to state an opinion without first testifying to the underlying facts or data, whereas Rule 705 allows an expert to testify to the underlying facts or data.

B) Rule 704 allows an expert to testify on areas that embrace an ultimate issue to be decided by the fact finder, whereas Rule 705 allows an expert witness a considerable degree of latitude regarding the facts or data upon which his or her opinions are based.

C) Rule 704 allows an expert to testify on areas that embrace an ultimate issue to be decided by the fact finder, whereas Rule 705 allows an expert to state an opinion without first testifying to the underlying facts or data.

D) Rule 704 allows an expert witness a considerable degree of latitude regarding the facts or data upon which his or her opinions are based, whereas Rule 705 allows an expert to testify on areas that embrace an ultimate issue to be decided by the fact finder.

22) Which of the following does Rule 705 of the Federal Rules of Evidence allow?

A) It allows an expert to state an opinion without first testifying to the underlying facts or data, with the understanding that the opinion is subject to cross-examination.

B) It allows an expert to testify on areas that embrace an ultimate issue to be decided by the fact finder.

C) It allows an expert witness a considerable degree of latitude regarding the facts or data upon which his or her opinions are based.

D) It allows the testimony of an expert witness if it will assist the trier of fact (judge or jury) through the maze of “scientific, technical, or other specialized knowledge.”

23) Fingerprints and DNA samples are examples of

A) direct evidence.

B) documentary evidence.

C) character evidence.

D) circumstantial evidence.

24) Which of the following is an example of hearsay evidence?

A) The attorney called on Anna to present her version of the events that took place during her class.

B) The police recorded a statement from Tina, which claims that she often heard the neighbors complain about the suspect’s behavior.

C) The detective testified that the fingerprints lifted from the scene of crime had been identified as those of the suspect.

D) The prosecution presented a copy of the legal will of the deceased that had been altered by the defendant.

25) Which of the following best describes a Daubert challenge?

A) It is a challenge faced by the judge when the jury is equally divided over a verdict.

B) It is a method used by the jury to evaluate the testimony given during a trial.

C) It is a special hearing conducted before the trial judge to determine the relevance and reliability of an expert’s opinion.

D) It is a process by which the defendant challenges the prosecution’s evidence.

26) Which of the following is a factor to be considered when evaluating expert testimony under the Daubert challenge?

A) how well accepted the methodology is within the professional community

B) what the known or potential success rate of the method is

C) whether the theory can be backed by evidence

D) whether the theory can be comprehended by the community

27) Which of the following are the three cases that make up the Daubert trilogy?

A) Daubert v. Merrell Dow Pharmaceuticals, G.E. v. Joiner, and Upjohn Co. v. United States.

B) Daubert v. Merrell Dow Pharmaceuticals, Kumho Tire v. Carmichael, and Hickman v. Taylor.

C) Daubert v. Merrell Dow Pharmaceuticals, G.E. v. Joiner, and Kumho Tire v. Carmichael.

D) Daubert v. Merrell Dow Pharmaceuticals, Hickman v. Taylor, and Upjohn Co. v. United States.

28) Which rule does the Daubert trilogy serve to interpret?

A) Rule 705

B) Rule 704

C) Rule 703

D) Rule 702

29) Which of the following is a drawback of the Frye test?

A) It is not flexible enough to address new scientific issues where general acceptance has not yet been established.

B) It does not allow room for additional evidence to be considered when the initial evidence is insufficient.

C) It does not admit evidence given by an expert if the evidence is not based on a well-known method.

D) It is not extensive enough to address the latest developments in civil and criminal law.

30) Which of the following is a legal principle that protects communications taking place within a protected relationship?

A) protected communication

B) privileged communication

C) guarded communication

D) secured communication

 

 

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