Opinion Evidence

Description: This quiz will test your knowledge of opinion evidence in a trial.
Number of Questions: 15
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Tags: law trial law opinion evidence
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What is the general rule regarding the admissibility of opinion evidence?

  1. Opinion evidence is generally admissible.

  2. Opinion evidence is generally inadmissible.

  3. Opinion evidence is admissible only if it is based on personal knowledge.

  4. Opinion evidence is admissible only if it is based on expert knowledge.


Correct Option: B
Explanation:

The general rule is that opinion evidence is inadmissible because it is considered to be unreliable. However, there are a number of exceptions to this rule, such as when the opinion is based on personal knowledge or expert knowledge.

What is the difference between a fact witness and an opinion witness?

  1. A fact witness testifies to what they saw, heard, or otherwise experienced.

  2. An opinion witness testifies to their interpretation of the facts.

  3. A fact witness can only testify to events that they personally witnessed.

  4. An opinion witness can only testify to events that they have heard about from others.


Correct Option: A
Explanation:

A fact witness testifies to what they personally saw, heard, or otherwise experienced. An opinion witness, on the other hand, testifies to their interpretation of the facts.

What are the three main types of opinion evidence?

  1. Lay opinion evidence, expert opinion evidence, and character evidence.

  2. Lay opinion evidence, expert opinion evidence, and hearsay evidence.

  3. Lay opinion evidence, expert opinion evidence, and real evidence.

  4. Lay opinion evidence, expert opinion evidence, and demonstrative evidence.


Correct Option: A
Explanation:

The three main types of opinion evidence are lay opinion evidence, expert opinion evidence, and character evidence.

What is the difference between lay opinion evidence and expert opinion evidence?

  1. Lay opinion evidence is based on personal knowledge, while expert opinion evidence is based on specialized knowledge.

  2. Lay opinion evidence is admissible only if it is relevant, while expert opinion evidence is admissible only if it is reliable.

  3. Lay opinion evidence can only be given by witnesses who are over the age of 18, while expert opinion evidence can be given by witnesses of any age.

  4. Lay opinion evidence is given by witnesses who are not experts in the field, while expert opinion evidence is given by witnesses who are experts in the field.


Correct Option: A
Explanation:

Lay opinion evidence is based on the witness's personal knowledge and experience, while expert opinion evidence is based on the witness's specialized knowledge and training.

What are the requirements for the admissibility of lay opinion evidence?

  1. The witness must have personal knowledge of the facts.

  2. The witness must be able to articulate their opinion in a clear and concise manner.

  3. The witness's opinion must be based on reason and logic.

  4. All of the above.


Correct Option: D
Explanation:

In order to be admissible, lay opinion evidence must meet all of the following requirements: the witness must have personal knowledge of the facts, the witness must be able to articulate their opinion in a clear and concise manner, and the witness's opinion must be based on reason and logic.

What are the requirements for the admissibility of expert opinion evidence?

  1. The witness must have specialized knowledge in the field.

  2. The witness must be able to articulate their opinion in a clear and concise manner.

  3. The witness's opinion must be based on reason and logic.

  4. All of the above.


Correct Option: D
Explanation:

In order to be admissible, expert opinion evidence must meet all of the following requirements: the witness must have specialized knowledge in the field, the witness must be able to articulate their opinion in a clear and concise manner, and the witness's opinion must be based on reason and logic.

What is the difference between character evidence and opinion evidence?

  1. Character evidence is evidence of a person's reputation, while opinion evidence is evidence of a person's beliefs.

  2. Character evidence is admissible only in criminal cases, while opinion evidence is admissible in both criminal and civil cases.

  3. Character evidence can only be given by witnesses who know the person personally, while opinion evidence can be given by witnesses who do not know the person personally.

  4. Character evidence is more reliable than opinion evidence.


Correct Option: A
Explanation:

Character evidence is evidence of a person's reputation, while opinion evidence is evidence of a person's beliefs. Character evidence is admissible only in criminal cases, while opinion evidence is admissible in both criminal and civil cases.

What are the three main types of character evidence?

  1. Reputation evidence, opinion evidence, and specific act evidence.

  2. Reputation evidence, habit evidence, and specific act evidence.

  3. Reputation evidence, propensity evidence, and specific act evidence.

  4. Reputation evidence, character trait evidence, and specific act evidence.


Correct Option: B
Explanation:

The three main types of character evidence are reputation evidence, habit evidence, and specific act evidence.

What is the difference between reputation evidence and habit evidence?

  1. Reputation evidence is evidence of a person's general reputation in the community, while habit evidence is evidence of a person's specific habits or routines.

  2. Reputation evidence is admissible only in criminal cases, while habit evidence is admissible in both criminal and civil cases.

  3. Reputation evidence can only be given by witnesses who know the person personally, while habit evidence can be given by witnesses who do not know the person personally.

  4. Reputation evidence is more reliable than habit evidence.


Correct Option: A
Explanation:

Reputation evidence is evidence of a person's general reputation in the community, while habit evidence is evidence of a person's specific habits or routines.

What is the difference between specific act evidence and reputation evidence?

  1. Specific act evidence is evidence of a person's specific acts or conduct, while reputation evidence is evidence of a person's general reputation in the community.

  2. Specific act evidence is admissible only in criminal cases, while reputation evidence is admissible in both criminal and civil cases.

  3. Specific act evidence can only be given by witnesses who saw the person commit the act, while reputation evidence can be given by witnesses who did not see the person commit the act.

  4. Specific act evidence is more reliable than reputation evidence.


Correct Option: A
Explanation:

Specific act evidence is evidence of a person's specific acts or conduct, while reputation evidence is evidence of a person's general reputation in the community.

What are the limits on the admissibility of opinion evidence?

  1. Opinion evidence is not admissible if it is based on hearsay.

  2. Opinion evidence is not admissible if it is based on speculation.

  3. Opinion evidence is not admissible if it is based on conjecture.

  4. All of the above.


Correct Option: D
Explanation:

Opinion evidence is not admissible if it is based on hearsay, speculation, or conjecture.

What are the exceptions to the general rule against the admissibility of opinion evidence?

  1. When the opinion is based on personal knowledge.

  2. When the opinion is based on expert knowledge.

  3. When the opinion is based on common sense.

  4. All of the above.


Correct Option: D
Explanation:

The exceptions to the general rule against the admissibility of opinion evidence are: when the opinion is based on personal knowledge, when the opinion is based on expert knowledge, and when the opinion is based on common sense.

What is the difference between a hypothetical question and a direct question?

  1. A hypothetical question asks the witness to assume a set of facts and then give their opinion based on those facts.

  2. A direct question asks the witness to give their opinion without assuming any set of facts.

  3. A hypothetical question is only admissible if the facts assumed are supported by the evidence.

  4. All of the above.


Correct Option: D
Explanation:

A hypothetical question asks the witness to assume a set of facts and then give their opinion based on those facts. A direct question asks the witness to give their opinion without assuming any set of facts. A hypothetical question is only admissible if the facts assumed are supported by the evidence.

What are the requirements for the admissibility of a hypothetical question?

  1. The facts assumed in the question must be supported by the evidence.

  2. The question must be clear and concise.

  3. The question must not be argumentative.

  4. All of the above.


Correct Option: D
Explanation:

The requirements for the admissibility of a hypothetical question are: the facts assumed in the question must be supported by the evidence, the question must be clear and concise, and the question must not be argumentative.

What are the consequences of asking an improper hypothetical question?

  1. The witness may be instructed not to answer the question.

  2. The witness's answer may be stricken from the record.

  3. The jury may be instructed to disregard the witness's answer.

  4. All of the above.


Correct Option: D
Explanation:

The consequences of asking an improper hypothetical question are: the witness may be instructed not to answer the question, the witness's answer may be stricken from the record, and the jury may be instructed to disregard the witness's answer.

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