Admissibility Vs Credibility Confusion
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Evidence1
Example wrong choices
22228_construction-timothy · EVIDENCE · Choice ANo, because the court must independently verify a witness's expertise and cannot allow the parties to stipulate to qualifications.
Why it's attractive
FRE 702 requires the court to find the expert qualified, but the court can base that finding on a party stipulation. The choice says the court 'cannot allow' stipulation — that's simply not the law.
Why it's wrong
FRE 702 requires the court to find the expert qualified, but the court can base that finding on a party stipulation. The choice says the court 'cannot allow' stipulation — that's simply not the law.
22228_construction-timothy · EVIDENCE · Choice BNo, because the qualifications of the expert are no longer in issue.
Why it's attractive
The court's admissibility determination is done, but the jury still needs to assess the expert's credibility. The jury can't weigh expert testimony without knowing qualifications. So qualifications ARE still in issue — just for a different decision-maker.
Why it's wrong
The court's admissibility determination is done, but the jury still needs to assess the expert's credibility. The jury can't weigh expert testimony without knowing qualifications. So qualifications ARE still in issue — just for a different decision-maker.
22228_construction-timothy · EVIDENCE · Choice DYes, because the court's finding that the witness is qualified does not bar further inquiry into the details of his expertise.
Why it's attractive
It's true that the court's finding doesn't bar further inquiry. But the REASON the plaintiff may continue is jury credibility, not the court's non-bar. On the MBE, both conclusion AND reasoning must be correct.
Why it's wrong
It's true that the court's finding doesn't bar further inquiry. But the REASON the plaintiff may continue is jury credibility, not the court's non-bar. On the MBE, both conclusion AND reasoning must be correct.
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