Lay And Expert Opinions Cannot Overlap
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
14867_scripture_market_cart · EVIDENCE · Choice AProper, because Hannah first introduced opinion evidence about the cart's speed.
Why it's attractive
It treats Hannah's earlier opinion as the reason Daniel may testify.
Why it's wrong
It treats Hannah's earlier opinion as the reason Daniel may testify.
14867_scripture_market_cart · EVIDENCE · Choice CImproper, because lay and expert opinion testimony cannot both be offered on the same issue.
Why it's attractive
The answer uses an absolute no-both rule that the stem does not support.
Why it's wrong
The answer uses an absolute no-both rule that the stem does not support.
14867_scripture_market_cart · EVIDENCE · Choice DImproper, because Daniel cannot establish the cart's speed with a sufficient degree of scientific certainty.
Why it's attractive
It demands a special certainty label instead of checking the Rule 702 foundation.
Why it's wrong
It demands a special certainty label instead of checking the Rule 702 foundation.
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