Multistate Bar Examination Practice Question

Under Federal Rule of Evidence (FRE) 702(a), the primary consideration for the proper subject matter of expert testimony is whether 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 failure rate of a specific alloy is a technical matter beyond the common knowledge of a typical juror, and an expert's testimony would help them understand this key evidence. While the expert must be qualified and the testimony must be based on reliable data, those are separate requirements for admissibility; the fundamental reason the subject itself is appropriate for expert testimony is its helpfulness to the jury. The ability of an expert to testify on an ultimate issue under FRE 704 is an exception to a common-law prohibition, not the foundational basis for admissibility.