Texas Forensic Analyst License
Exam - Expert Testimony
(Updated for 2026) Exam Prep Pack | A+ Questions
45+
& Verified Answers
VERIFIED ANSWERS
Question 1
Frye v. United States (1923)
Correct Answer
- Expert testimony on polygraph testing in support of defendant's innocence - trial judge found evidence inadmissible
because no "general acceptance" of expert's technique
- set standard for the admissibility of scientific expert testimony in US
- "general acceptance" became standard to which other expert testimony was held in US courts
Question 2
Federal Rules of Evidence (1975, onward)
Correct Answer
- statute drafted by US Supreme Court and approved by Congress, enacting federal rules under law
- provide legislative framework for evidentiary standards that were intended to be applied across federal judicial system
Question 3
Daubert v. Merrell Dow Pharma, Inc (1989)
Correct Answer
- Daubert sued Dow saying Bendectin, an anti-nausea drug, caused birth defects in plaintiff's child
- plaintiff's case rested on expert testimony who had performed his own reanalysis of sci literature and concluded,
contradictorily, that Bendectin DID cause birth defects (which most other literature didn't find)
- Courts (including Supreme Court) upheld that this testimony was admissible because needed to be relevant and reliable
- "gatekeeping" expert witnesses on trial judge to prevent junk science
Trusted by thousands of students and professionals worldwide Page 1 of 12
, Question 4
Kumho Tire v. Carmichael (1997)
Correct Answer
- auto accident where tire blew out, injuring three passengers and killing another, Carmichael (plaintiff) sued Kumho
claiming tire was effective and caused accident
- expert witness testimony based on visual and tactile inspection of many tires, and underlying theory that in absence of
at least two of four physical symptoms indicating abuse, tire failure was due to manufacturing/design defect
- trial court ruled evidence inadmissible under Rule 702 and Daubert
- Supreme Court upheld that Daubert "may apply to testimony of engineers and other experts who may not be
considered 'scientists,' and Rule 702 applies to all expert testimony"
Question 5
Rule 701 (Federal Rules of Evidence)
Correct Answer
If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is:
- rationally based on witness's perception
- helpful to clearly understanding the witness's testimony or to determining a fact in issue
- not based on scientific, technical, or other specialized knowledge within the scope of Rule 702
Question 6
Rule 702 (Federal Rules of Evidence)
Correct Answer
A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of
an opinion of otherwise if:
- the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or
to determine a fact in issue
- the testimony is based on sufficient facts/data
- the testimony i the product of reliable principles and methods
- the expert has reliably applied the principles and methods to the facts of the case
Question 7
Rule 703 (Federal Rules of Evidence)
Correct Answer
An expert may base an opinion on facts/data in the case that the expert has been made aware of or personally observed.
If experts in the particular field would reasonably rely on those kinds of facts/data in forming an opinion on the subject,
they need not be admissible for the opinion to be admitted. But if the facts/data would otherwise be inadmissible, the
proponent of the opinion may disclose them to the jury only if their probative value in helping the jury evaluate the
opinion substantially outweighs their prejudicial effect
Question 8
Rule 704 (Federal Rules of Evidence)
Correct Answer
Opinion on an Ultimate Issue:
- In general, not automatically objectionable. An opinion is not objectionable just because it embraces an ultimate issue
- Exception: in a criminal case, an expert witness must not state an opinion about whether the defendant did/didn't have
a mental state or constitutes an element of the crime charged of a defense (only for trier of fact alone)
Trusted by thousands of students and professionals worldwide Page 2 of 12
Exam - Expert Testimony
(Updated for 2026) Exam Prep Pack | A+ Questions
45+
& Verified Answers
VERIFIED ANSWERS
Question 1
Frye v. United States (1923)
Correct Answer
- Expert testimony on polygraph testing in support of defendant's innocence - trial judge found evidence inadmissible
because no "general acceptance" of expert's technique
- set standard for the admissibility of scientific expert testimony in US
- "general acceptance" became standard to which other expert testimony was held in US courts
Question 2
Federal Rules of Evidence (1975, onward)
Correct Answer
- statute drafted by US Supreme Court and approved by Congress, enacting federal rules under law
- provide legislative framework for evidentiary standards that were intended to be applied across federal judicial system
Question 3
Daubert v. Merrell Dow Pharma, Inc (1989)
Correct Answer
- Daubert sued Dow saying Bendectin, an anti-nausea drug, caused birth defects in plaintiff's child
- plaintiff's case rested on expert testimony who had performed his own reanalysis of sci literature and concluded,
contradictorily, that Bendectin DID cause birth defects (which most other literature didn't find)
- Courts (including Supreme Court) upheld that this testimony was admissible because needed to be relevant and reliable
- "gatekeeping" expert witnesses on trial judge to prevent junk science
Trusted by thousands of students and professionals worldwide Page 1 of 12
, Question 4
Kumho Tire v. Carmichael (1997)
Correct Answer
- auto accident where tire blew out, injuring three passengers and killing another, Carmichael (plaintiff) sued Kumho
claiming tire was effective and caused accident
- expert witness testimony based on visual and tactile inspection of many tires, and underlying theory that in absence of
at least two of four physical symptoms indicating abuse, tire failure was due to manufacturing/design defect
- trial court ruled evidence inadmissible under Rule 702 and Daubert
- Supreme Court upheld that Daubert "may apply to testimony of engineers and other experts who may not be
considered 'scientists,' and Rule 702 applies to all expert testimony"
Question 5
Rule 701 (Federal Rules of Evidence)
Correct Answer
If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is:
- rationally based on witness's perception
- helpful to clearly understanding the witness's testimony or to determining a fact in issue
- not based on scientific, technical, or other specialized knowledge within the scope of Rule 702
Question 6
Rule 702 (Federal Rules of Evidence)
Correct Answer
A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of
an opinion of otherwise if:
- the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or
to determine a fact in issue
- the testimony is based on sufficient facts/data
- the testimony i the product of reliable principles and methods
- the expert has reliably applied the principles and methods to the facts of the case
Question 7
Rule 703 (Federal Rules of Evidence)
Correct Answer
An expert may base an opinion on facts/data in the case that the expert has been made aware of or personally observed.
If experts in the particular field would reasonably rely on those kinds of facts/data in forming an opinion on the subject,
they need not be admissible for the opinion to be admitted. But if the facts/data would otherwise be inadmissible, the
proponent of the opinion may disclose them to the jury only if their probative value in helping the jury evaluate the
opinion substantially outweighs their prejudicial effect
Question 8
Rule 704 (Federal Rules of Evidence)
Correct Answer
Opinion on an Ultimate Issue:
- In general, not automatically objectionable. An opinion is not objectionable just because it embraces an ultimate issue
- Exception: in a criminal case, an expert witness must not state an opinion about whether the defendant did/didn't have
a mental state or constitutes an element of the crime charged of a defense (only for trier of fact alone)
Trusted by thousands of students and professionals worldwide Page 2 of 12
