There are 25 true/false questions, each worth 3 point. Provie the best answer to each question. All communication between a retained expert and the
... [Show More] attorney who retained the expert is protected from disclosure by the attorney-client privilege.
1. In a majority of States, the medical and nursing standard of care is a national standard rather than a community standard.
T/F
2. When knowledge of a technical subject might be helpful to the trier of fact, a person having special training or experience in that technical field is permitted to state his/her opinions concerning those technical matter even though he/she was not present at the event in question.
T/F
3. In a well drafted declaration, an expert witness states his/her opinions but not the basis for those opinions. T/F
4. In both depositions and trials, an expert’s qualifications are always necessary before the witness may offer legally relevant testimony. T/F
5. It is inappropriate and subject to legal objection to ask an expert witness during trial how much he/she is being paid. T/F
6. Unlike trials, deposition testimony is not recorded. T/F
7. Depositions are less formal legal proceedings than courtroom testimony. T/F
8. As a retained expert, in order to maintain your professional integrity you should refuse to meet with the attorney who retained you prior to testifying in court. T/F
9. At trial a retained expert may be questions about any relevant prior deposition testimony he/she has given in any other case even if it involves different parties. T/F
10. Once you have given oral testimony in a deposition, you may not change or modify your testimony in the written transcript. T/F
11. Unlike depositions and trial testimony, declaration testimony is not given under oath. T/F
12. Expert witnesses may not answer hypothetical questions or testify based on factual assumptions. T/F
13. The attorney who retains you as an expert witness can legally object to questions asked by opposing counsel in a trial but not in a deposition. T/F
14. In a civil jury trial where the plaintiff alleges negligence by the hospital’s nurses the plaintiff has the burden of providing his/her case beyond a reasonable doubt. T/F
15. In your deposition as an expert witness, the attorney who asks you the most questions is the attorney who retained your services as an expert. T/F
16. In Federal Court, the penalties for perjury are criminal as well as civil. T/F
17. Questions which ask who, what, when, where and why are considered non-leading questions, typically asked on cross examination, usually by opposing counsel. T/F
18. In a jury trial, when you think the attorney’s question is unfair you should refuse to answer even if the judge disagrees. T/F
19. Once retained as an expert witness, you should follow the instructions of the attorney who retained you about which materials to review. T/F
20. One of the differences between a fact witness and an expert witness is only the expert witnesses’ credibility can be challenged by counsel. T/F
21. 21 In most state courts, the jury rather than the judge determines the admissibility of expert testimony. T/F
22. As a retired obstetrical nurse, you may not ethically testify in a lawsuit involving birth related injuries. T/F
23. In order to maintain your own credibility, the most effective way to handle sarcastic questions from an attorney is to respond in kind. T/F
24. In Federal Court, an attorney may challenge your ability to give expert testimony in a pre-trail Daubert hearing on the basis that your opinions are scientifically unreliable. T/F
25. When you are retained as an expert, everything said between you and the retaining attorney is privileged as attorney-client communication and not susceptible to discovery by the opposing counsel. T/F [Show Less]