Experts Need Firsthand Knowledge
This trap appears as a wrong-answer choice in 2 active questions. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Evidence2
Example wrong choices
14900_psalms_canvas_fog_machine · EVIDENCE · Choice Bsufficient notice of the hypothetical question was not given to opposing counsel before trial.
Why it's attractive
The answer follows the pretrial-notice fact instead of the basis defect in the hypothetical.
Why it's wrong
The answer follows the pretrial-notice fact instead of the basis defect in the hypothetical.
14900_psalms_canvas_fog_machine · EVIDENCE · Choice Chypothetical questions to experts are no longer permitted.
Why it's attractive
The answer makes an absolute claim that would wipe out all expert hypotheticals.
Why it's wrong
The answer makes an absolute claim that would wipe out all expert hypotheticals.
14900_psalms_canvas_fog_machine · EVIDENCE · Choice DNaomi lacked firsthand knowledge concerning the canvas's condition.
Why it's attractive
The answer attacks Naomi's lack of inspection instead of the omitted fact in the hypothetical.
Why it's wrong
The answer attacks Naomi's lack of inspection instead of the omitted fact in the hypothetical.
22240_sailing-school · EVIDENCE · Choice BYes, since the expert's opinion is not based on matters within his personal knowledge.
Why it's attractive
This answer imports the lay-witness rule into expert testimony.
Why it's wrong
This answer imports the lay-witness rule into expert testimony.
22240_sailing-school · EVIDENCE · Choice CNo, since an expert's testimony may be based on observations made in the courtroom.
Why it's attractive
This choice gives a reason the stem does not use as the foundation for the opinion.
Why it's wrong
This choice gives a reason the stem does not use as the foundation for the opinion.
22240_sailing-school · EVIDENCE · Choice DYes, since the expert's opinion is based on matters not in evidence.
Why it's attractive
This answer sounds lawyerly because it attacks the foundation of the expert's opinion.
Why it's wrong
This answer sounds lawyerly because it attacks the foundation of the expert's opinion.
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