Crucial Exams

Multistate Bar Examination Practice Question

During a product-liability trial, the plaintiff offers the testimony of an engineering expert. The expert explains that she formed her opinion in part by reviewing an unpublished accident-investigation report prepared by a government agency. The report itself is inadmissible hearsay. The defendant objects, arguing that the expert's opinion is inadmissible because it relies on hearsay material that has not been admitted into evidence. How should the court rule under the Federal Rules of Evidence?

  • Exclude the opinion, because an expert may rely only on facts or data that are themselves admissible in evidence.

  • Exclude the opinion unless the accident-investigation report is admitted into evidence.

  • Admit both the opinion and the accident-investigation report, because an expert's reliance automatically renders the underlying materials admissible.

  • Admit the opinion, because experts may rely on inadmissible facts or data if experts in the field reasonably rely on them, but the report itself should not be disclosed to the jury unless its probative value substantially outweighs its prejudicial effect.

Multistate Bar Examination
Evidence
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