Chapters 15 & 16

Jurors typically average just over ____ years of education and an eighth-grade reading level.

12

Which of the following options would represent a valid retainer?

2-8 hours of your usual billable rate

FRE ____ describes whether basis for the testimony is adequate.

703

For forensics examiner, keeping the ______ updated and complete is crucial to supporting your role as an expert and showing that you're constantly enhancing your skills through training, teaching, and experience.

CV

According to ______, to provide reliable and valid testimony, the expert has the "ethical responsibility to present a complete and unbiased picture of the . . . research relevant to the case at hand."

Daubert

The opposing attorney sets the deposition and often conducts the equivalent of both direct and cross-examination. Considered part of the discovery process.

Discovery deposition

Depending on your attorney's needs, you might give him or her just your opinion and technical expertise instead of testifying in court; this role is called an expert witness.

False

Motion in limine includes voir dire of venireman, strikes, and seating of jurors.

False

______ questions can give you the factual structure to support and defend your opinion.

Hypothetical

As a standard practice, collect evidence and record the tools you used in designated file folders or evidence containers.

True

In the US, there's no state or national licensing body for digital forensics examiners.

True

In what court case did the court summarize the process of determining whether an expert should be disqualified because of previous contact with an opposing party?

Wang Laboratories, Inc. v. Toshiba Corp

External rules that often have the effect of law in limiting professionals' actions; breach of these rules can result in discipline, including suspension or loss of a license to practice and civil/criminal liability.

codes of professional conduct or responsibility

Before allowing an attorney to describe any case details, determine who the parties are to reduce the possibility of a ______.

conflict

The practice of opposing attorneys trying to prevent you from testifying by claiming you have discussed the case with them and, therefore, have a conflict of interest.

conflicting out

______ is an attempt by opposing attorneys to prevent you from serving on an important case.

conflicting out

A consultant who doesn't testify can earn a ______ for finding testifying experts or investigative leads.

contingency fees

payments that depend on the content of the expert's testimony or the outcome of the case.

contingency fees

An extensive outline of your professional history that includes education, training, work, and what cases you have worked on as well as training you have conducted, publications you have contributed to, and professional associations and awards.

curriculum vitae (CV)

A formal examination in which you're questioned under oath with only the opposing parties, your attorney, and a court reporter present. There's no judge or jury. The purpose of this is to give opposing counsel a chance to preview your testimony before trial.

deposition

The ______ is the most important part of testimony at a trial.

direct examination

There are two types of depositions: _______ and testimony preservation.

discovery

the process by which an expert witness is excluded from testifying

disqualification

rules that you internalize and use to measure your performance; sometimes refers to external rules

ethics

Forensics examiners have two roles: fact witness and ______ witness.

expert

This type of testimony reports opinions based on experience and facts gathered during an investigation.

expert witness

this type of testimony reports only the facts (findings of an investigation); no opinion is given in court.

fact witness

Generally, the best approach your attorney can take in direct examination is to ask you ______ questions and let you give your testimony.

open-ended

A(n) ______ is a file or folder that has lost its link to the parent folder.

orphan file

a file or folder that has lost its link to its parent folder

orphan file

Leading questions such as "Isn't it true that forensics experts always destroy their handwritten notes?" are referred to as _______ questions.

setup

A deposition held to preserve your testimony in case of schedule conflicts or health problems; its usually videotaped as well as recorded by a stenographer.

testimony preservation deposition

In this qualification phase of testimony, your attorney asks you questions to establish your credentials as an expert witness; also the process of qualifying jurors.

voir dire