FIS 306 Final Exam Comprehensive Review and Practice
Material
Minor Court - ANS✔✔ Handle the least serious cases
Handle city ordinance violations, such as speeding tickets and parking violations
Major Trial Courts - ANS✔✔ Deals with cases that involve state constitutional issues, state
statutes, and cases such as murder or rape
Trial courts can be called different names in different states
Intermediate Appellate Courts - ANS✔✔ Review cases that have been decided by trial courts.
They do not hear new evidence; they decide whether the lower court applied the law in the
case
State Supreme Courts - ANS✔✔ Review cases that deal with state law. The decision of the court
is final since this court is the ultimate arbiter of state laws and the state constitution
Federal District Courts - ANS✔✔ 94 total, at least one in every state as well as one for D.D>,
Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands
Regional Circuits - ANS✔✔ 12
Each one has a U.S. court of appeals
Has jurisdiction over a certain geographical area
Handles cases which include patent cases and trade with other countries
Federal Rule of Evidence 702 - ANS✔✔ Defines testimony by experts
,If scientific, technical, or other specialized knowledge will assist the trier of fact to understand
the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill
experience, training or education, may testify thereto in the form of an opinion or otherwise, if
(1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of
reliable principles and methods, and (3) the witness has applied the principles and methods
reliably to the facts of the case
Federal Rule of Evidence 701 - ANS✔✔ Defines opinion testimony by lay witness
If the witness is not testifying as an expert, the witness testimony in the form of opinions or
inferences is limited to those opinions or inferences which are (a) rationally based on the
perception of the witness, and (b) helpful to a clear understanding of the witness' testimony or
the determination of a fact in issue, and (c) not based on scientific , technical, or other
specialized knowledge within the scope of Rule 702
Consulting Expert Witness - ANS✔✔ The expert is hired by an attorney to evaluate the evidence
and run the tests and experiments necessary. They are usually hired by the defense in criminal
cases and the plaintiff in civil cases. These experts usually are retired forensic scientists or
scientists that work for private laboratories
In-House Expert Witness - ANS✔✔ The expert is a specialist that works for individual companies
and deals with mostly product liability cases. In civil cases, they are the defense experts. These
experts can be retired professionals.
Trial Expert Witness - ANS✔✔ The expert who attorneys use to present evidence in court. These
experts are usually the ones that work for public laboratories and give testimony for the
prosecution. They can also be experts that work for themselves or a private laboratory and give
testimony for the prosecution or defense.
Roles of the Expert Witness - ANS✔✔ 1. Scientific investigations (either in the field or in the
laboratory) in order to reach a conclusion about the evidence
, 2. Communication of those conclusions or results to a judge or jury through testimony and/or
written report
Civil Cases - ANS✔✔ usually involve private disputes between organizations or individuals.
Begins when the plaintiff claims that the defendant failed to carry out a legal duty owed to the
plaintiff. The plaintiff usually asks the court to tell the defendant to fulfill the duty or make
compensation for the harm done, or both
Criminal Cases - ANS✔✔ When a person is accused of a crime and charged with an indictment
or information. The United States government will prosecute the case on the behalf of the
people. If it is a federal crime, it is prosecuted through the United States Attorney's Office. If it is
a state crime, it is prosecuted through the state's attorney's office.
The victim is not responsible for bringing forth the case
Indictment - ANS✔✔ a formal charge or accusation of a serious crime
Credibility - ANS✔✔ The "believability of a statement, action, or source, and the propensity of
the observer to believe that statement"
Two Important Keys to Credibility - ANS✔✔ Competence and trustworthiness
Components of Credibility - ANS✔✔ Coherent overview
Clear narrative
Harmonization
Comprehensiveness
Rapport
Command of information
Fluency and pace
Appearance and demeanor
Material
Minor Court - ANS✔✔ Handle the least serious cases
Handle city ordinance violations, such as speeding tickets and parking violations
Major Trial Courts - ANS✔✔ Deals with cases that involve state constitutional issues, state
statutes, and cases such as murder or rape
Trial courts can be called different names in different states
Intermediate Appellate Courts - ANS✔✔ Review cases that have been decided by trial courts.
They do not hear new evidence; they decide whether the lower court applied the law in the
case
State Supreme Courts - ANS✔✔ Review cases that deal with state law. The decision of the court
is final since this court is the ultimate arbiter of state laws and the state constitution
Federal District Courts - ANS✔✔ 94 total, at least one in every state as well as one for D.D>,
Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands
Regional Circuits - ANS✔✔ 12
Each one has a U.S. court of appeals
Has jurisdiction over a certain geographical area
Handles cases which include patent cases and trade with other countries
Federal Rule of Evidence 702 - ANS✔✔ Defines testimony by experts
,If scientific, technical, or other specialized knowledge will assist the trier of fact to understand
the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill
experience, training or education, may testify thereto in the form of an opinion or otherwise, if
(1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of
reliable principles and methods, and (3) the witness has applied the principles and methods
reliably to the facts of the case
Federal Rule of Evidence 701 - ANS✔✔ Defines opinion testimony by lay witness
If the witness is not testifying as an expert, the witness testimony in the form of opinions or
inferences is limited to those opinions or inferences which are (a) rationally based on the
perception of the witness, and (b) helpful to a clear understanding of the witness' testimony or
the determination of a fact in issue, and (c) not based on scientific , technical, or other
specialized knowledge within the scope of Rule 702
Consulting Expert Witness - ANS✔✔ The expert is hired by an attorney to evaluate the evidence
and run the tests and experiments necessary. They are usually hired by the defense in criminal
cases and the plaintiff in civil cases. These experts usually are retired forensic scientists or
scientists that work for private laboratories
In-House Expert Witness - ANS✔✔ The expert is a specialist that works for individual companies
and deals with mostly product liability cases. In civil cases, they are the defense experts. These
experts can be retired professionals.
Trial Expert Witness - ANS✔✔ The expert who attorneys use to present evidence in court. These
experts are usually the ones that work for public laboratories and give testimony for the
prosecution. They can also be experts that work for themselves or a private laboratory and give
testimony for the prosecution or defense.
Roles of the Expert Witness - ANS✔✔ 1. Scientific investigations (either in the field or in the
laboratory) in order to reach a conclusion about the evidence
, 2. Communication of those conclusions or results to a judge or jury through testimony and/or
written report
Civil Cases - ANS✔✔ usually involve private disputes between organizations or individuals.
Begins when the plaintiff claims that the defendant failed to carry out a legal duty owed to the
plaintiff. The plaintiff usually asks the court to tell the defendant to fulfill the duty or make
compensation for the harm done, or both
Criminal Cases - ANS✔✔ When a person is accused of a crime and charged with an indictment
or information. The United States government will prosecute the case on the behalf of the
people. If it is a federal crime, it is prosecuted through the United States Attorney's Office. If it is
a state crime, it is prosecuted through the state's attorney's office.
The victim is not responsible for bringing forth the case
Indictment - ANS✔✔ a formal charge or accusation of a serious crime
Credibility - ANS✔✔ The "believability of a statement, action, or source, and the propensity of
the observer to believe that statement"
Two Important Keys to Credibility - ANS✔✔ Competence and trustworthiness
Components of Credibility - ANS✔✔ Coherent overview
Clear narrative
Harmonization
Comprehensiveness
Rapport
Command of information
Fluency and pace
Appearance and demeanor
