Crucial Exams

Multistate Bar Examination Practice Question

An expert witness is called to testify in a civil action concerning contamination of a town's drinking water. Under Federal Rule of Evidence 703 (Bases of an Expert), which of the following situations provides an appropriate foundation for the expert's opinion?

  • The expert offers an opinion based only on her intuition that chemicals at the site are hazardous, without examining any data.

  • The expert simply repeats, without analysis, the written conclusions of a consulting firm that will not testify, because counsel instructed her to do so.

  • The expert's opinion is derived from soil and water samples that she collected, along with peer-reviewed studies that environmental scientists in her field typically rely on, even though some of those studies contain hearsay statements.

  • The expert predicts future health problems that residents might experience, despite having no research or data to support that prediction.

Multistate Bar Examination
Evidence
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