Exam Order Description Read the attached file and then on the last page you will find two examples answer the following questions for example 1 (just example 1) issue Rule Application conclusion this example is about RULE 702 (http://www.law.cornell.edu/rules/fre/rule_702) 6 Expert Testimony Introduction When resolving a disputed issue involves information or analysis beyond the knowledge or capabilities of a typical juror, parties are allowed to present tes-timony by expert witnesses. Unlike eyewitnesses or participants in events that are the subject of litigation, expert witnesses give testimony based on their own general experience and knowledge and are allowed to apply their exper-tise to the facts of the case. The important issues connected with expert testimony involve deter-mining: I) what topics are appropriate for this type of testimony; 2) who should be permitted to testify as an expert; 3) what types of data an expert may rely on to form an opinion; and 4) whether the style or form of the tes-timony should be restricted. As this chapter will discuss in detail, the Rules cover all these issues. They provide that a subject is appropriate for expert tes-timony if an expert’s opinion would assist the trier of fact, that a person can qualify as an expert witness by a showing of knowledge or experience, and that an expert’s opinion can be based on any data that experts in the field or-dinarily use. An expert may state an opinion or conclusion based on the facts the expert believes to be true or may answer a hypothetical question that asks the expert to make assumptions. In criminal cases, an expert’s freedom to state conclusions is narrowed: An expert may not testify specifically that a de-fendant did or did not have a mental state that is an element of a crime. Topics for Expert Testimony Using an expert witness involves costs and risks. For example, the testimony will take time, and jurors may give great deference to the observations of someone with significant professional qualifications. For these reasons, par- 163