CCT 121 Final
List three obvious ethical errors.
* Don't ignore available contradictory data. * Don't do work beyond your expertise or competence. * Don't allow the attorney who retained you to influence your opinion in an unauthorized way. * Don't accept an assignment if it cannot reasonably be done in the allowed time. * Don't reach a conclusion before you have done complete research. * Don't fail to report possible conflicts of interest. * Don't present false data or alter data. * Don't report work that was not done. * Don't ignore available contradictory data.
An expert witness can give an opinion in which of the following situations?
-The opinion, inferences, or conclusions depend on special knowledge, skills, or training not within the ordinary experience of laypeople. -The witness is shown to be qualified as a true expert in the field. -The witness testifies to a reasonable degree of certainty (probability) about his or her opinion, inference, or conclusion.
Your curriculum vitae is which of the following?
A generally required document to be made available before your testimony. A detailed record of your experience, education, and training. A necessary tool to be an expert witness.
What is a motion in limine?
A pretrial motion for the purpose of excluding certain evidence
Which of the following is an example of a written report?
An affidavit
When working for a prosecutor, what should you do if the evidence you found appears to be exculpatory and isn't being released to the defense?
Bring the information to the attention of the prosecutor, then his or her supervisor, and finally to the judge (the court).
When writing a report, what's the most important aspect of formatting?
Consistency
Before testifying, you should do which of the following?
Create an examination plan with your retaining attorney. Make sure you've been paid for your services and the estimated fee for the deposition or trial.
Automated tools help you collect and report evidence, but you're responsible for doing which of the following?
Explaining the significance of the evidence
Which of the following rules or laws requires an expert to prepare and submit a report?
FRCP 26
What kind of information do fact witnesses provide during testimony?
Facts only Observations of the results of tests they performed
All expert witnesses must be members of associations that license them. True or False?
False
Codes of professional conduct or responsibility set the highest standards for professionals' expected performance. True or False?
False
Ethical obligations are duties that you owe only to others.
False
Even in the light of recent developments in technology, you shouldn't change your opinion from one you testified to in a previous case. True or False?
False
Figures not used in the body of the report can't be included in report appendixes. True or False?
False
During your cross-examination, you should do which of the following?
Help the attorneys, judge, and jury in understanding the case, even if you have to go a bit beyond the scope of your expertise. Maintain eye contact with the jury. Pay close attention to opposing counsel's questions.
List three organizations that have a code of ethics or conduct.
ISFCE, IACIS, AMA IACIS, APA, ABA
What should you do if you realize you have made a mistake or misstatement during a deposition?
If the deposition is still in session, refer back to the error and correct it. If the deposition is over, make the correction on the corrections page of the copy provided for your signature.
What purpose does making your own recording during a deposition serve?
It allows you to review your testimony with your attorney during breaks.
Which of the following statements about the legal-sequential numbering system in report writing is true?
It doesn't indicate the relative importance of information
Externally enforced ethical rules, with sanctions that can restrict a professional's practice, are more accurately described as which of the following?
Laws
Which of the following is the standard format for reports filed electronically in U.S. federal courts and most state courts?
When using graphics while testifying, which of the following guidelines applies?
Practice using charts for courtroom testimony. Make sure the jury can see your graphics. Your exhibits must be clear and easy to understand.
The most reliable way to ensure that jurors recall testimony is to do which of the following?
Present evidence combining oral testimony and graphics that support the testimony.
When you begin a conversation with an attorney about a specific case, what should you do?
Refuse to discuss details until a retainer agreement is returned.
Which of the following describes fact testimony?
Scientific or technical testimony describing information recovered during an examination
Which of the following describes expert witness testimony?
Testimony designed to assist the jury in determining matters beyond the ordinary person's scope of knowledge. Testimony resulting in the expression of an opinion by a witness with scientific, technical, or other professional knowledge or experience.
What expressions are acceptable to use in testimony to respond to a question for which you have no answer?
That's beyond the scope of my expertise. That's beyond the scope of my investigation. I wasn't asked to investigate that.
What are some risks of using tools you have created yourself?
The tool doesn't generate reports in a standard format.
For what purpose have hypothetical questions traditionally been used in litigation?
To frame the factual context of rendering an expert witness's opinion
An unethical technique occurs when an opposing counsel might attempt to make discovery depositions physically uncomfortable. True or False?
True
Being able to incorporate the log files and reports tools generate into your written reports is a major advantage of automated forensics tools in report writing. True or False?
True
If you were a lay witness at a previous trial, you shouldn't list that case in your written report. True or False?
True
In the United States, no state or national licensing body specifically licenses forensics examiners. True or False?
True
Spoliation means destroying a report before the final resolution of a case called. True or False?
True
Standards that others apply to you or that you're compelled to adhere to by external forces (such as licensing bodies) and your own internal rules you use to measure your performance are two types of ethical standards. True or False?
True
Testimony preservation and discovery are two types of depositions. True or False?
True
The type of information conveyed to the expert, amount of time involved in discussions or meetings, and whether the expert provided the attorney with confidential information are three factors courts have used in determining whether to disqualify an expert. True or False?
True
Voir dire is the process of qualifying a witness as an expert. True or False?
True
You should include work experience, training you provided or contributed to, and professional awards or recognitions in your CV. True or False?
True
You should take these four steps to handle a deposition in which physical circumstances are uncomfortable: 1. Ask the attorney to correct the situation. 2. If the situation is not corrected, note these conditions into the record, and repeat noting them as long as the conditions persist. 3. After you have noted the problem into the record, you can refuse to continue with the deposition. Generally, you should consult with an attorney before taking this step. 4. If you think the behavior was serious enough that you can justify refusing to continue, consider reporting the attorney to his or her state bar association. True or False?
True
If you're giving an answer that you think your attorney should follow up on, what should you do?
Use an agreed-on expression to alert the attorney to follow up on the question
Contingency fees can be used to compensate an expert under which circumstances?
When the expert is acting only as a consultant, not a witness
At trial as a fact or expert witness, what must you always remember about your testimony?
Your duty is to report your technical or scientific findings or render an honest opinion.
