Chapter 3: Litigations

Bashier Elhafy December 31, 2019 Chapter 3: Litigations, Special Purpose Valuation Comments Off on Chapter 3: Litigations 51 Views

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Question 1 of 30

is a preamble that gives the basis of the claim stated in the report. This section covers the time period you are analyzing and what specific assignment you are undertaking. It may also include what you are not covering. Further it may list what limitations you have in creating this report.

Introduction

Scope of Engagement

The Executive Summary

Brief Discussion of Technical Standards and Practices

Question 1 of 30

Question 2 of 30

Which one of the following is the least important quality for an expert witness?

Academic credentials

Membership in legal societies that are not open to the public

Prior trial and expert experience

Honesty

Someone who is personable and presents themselves well

Question 2 of 30

Question 3 of 30

Referring to the rules of discovery, everything that an expert produces may be discoverable from the expert’s work product.

True

False

Question 3 of 30

Question 4 of 30

Expert referral services are a great way for an attorney to be put in contact with reliable experts.

True

False

Question 4 of 30

Question 5 of 30

briefly summarizes the information in the report in a few sentences and includes an opinion statement.

Conclusion

Fee Disclosure

The Executive Summary

Brief Discussion of Technical Standards and Practices

Question 5 of 30

Question 6 of 30

In this section, explain the methodology you used to create the report and why you selected this method instead of other accepted practices. Why is this method the most appropriate to apply to this situation?

Introduction

Brief Discussion of Technical Standards and Practices

The Executive Summary

Brief Discussion of Technical Standards and Practices

Question 6 of 30

Question 7 of 30

Which rule for "BASIS OF OPINION TESTIMONY BY EXPERTS" ?

RULE 703

RULE 704 (B

RULE 705

RULE 26(A) 2(B

Question 7 of 30

Question 8 of 30

The discovery period is for a finite period of time?

True

False

Question 8 of 30

Question 9 of 30

This section is used to quickly convey to the reader what was done and what were the results. Typically, this section reviews the relevant facts of the case and identifies the subject of the report

Introduction

Scope of Engagement

The Executive Summary

Brief Discussion of Technical Standards and Practices

Question 9 of 30

Question 10 of 30

10.

Which rule for "OPINION OF ULTIMATE ISSUE" ?

RULE 703

RULE 704 (B

RULE 705

RULE 26(A) 2(B

Question 10 of 30

Question 11 of 30

11.

continues to develop the introduction paragraph. Within this section the report writer should relate the facts of the case to the basis for money claims.

Introduction

Review of the Complaint

The Executive Summary

Brief Discussion of Technical Standards and Practices

Question 11 of 30

Question 12 of 30

12.

For an expert to convey that they have done a good job analyzing the case issues he or she
should:

Alter established methodologies to fit the award sought by the client

Speak loudly and object to any theories presented by opposing counsel

Ask retaining counsel to edit the findings in their report

Understand the methodology used and other common methodologies frequently applied to similar circumstances

Question 12 of 30

Question 13 of 30

13.

It is wise to take an expert’s deposition because:

An expert can offer industry experience and explanations of methodology and jargon that an attorney may not understand.

The attorney can pinpoint problems and weaknesses in the expert’s testimony before going to court.

Both A and B

None of the above

Question 13 of 30

Question 14 of 30

14.

states why this report was created and for whom. Give a brief summary of the facts in the report, but save details for the body of the report. You should include a short chronology of the key events and milestones.

Introduction

Scope of Engagement

The Executive Summary

Brief Discussion of Technical Standards and Practices

Question 14 of 30

Question 15 of 30

15.

"DISCOVERY PERIOD" is a specific time frame when each party to a lawsuit may request information from the other?

True

False

Question 15 of 30

Question 16 of 30

16.

You must list your relevant job experience, professional associations, and educational achievements

Introduction

Curriculum Vitae

The Executive Summary

Brief Discussion of Technical Standards and Practices

Question 16 of 30

Question 17 of 30

17.

Which of the following is “least likely” to make an expert more credible to the jury?

Visual aids

Eye contact with the jury

Industry experience

Academic honors

Recognition in the field

Question 17 of 30

Question 18 of 30

18.

Which of the following sources commonly relied upon when an attorney is cross-examining opposing counsel’s expert is likely to provide the “greatest” insight?

The attorney’s own expert’s advice

Past engagements or experience of opposing counsel’s expert

Popular teaching tools, journals, or guidebooks of the profession

Past courtroom experience of opposing counsel’s expert

Question 18 of 30

Question 19 of 30

19.

As an expert, its allowed to use counsel to write your report?

True

False

Question 19 of 30

Question 20 of 30

20.

Which rule for "DISCLOSURE OF FACTS OR DATA UNDERLYING EXPERT OPINION" ?

RULE 703

RULE 704 (B

RULE 705

RULE 26(A) 2(B

Question 20 of 30

Question 21 of 30

21.

This section covers any technical handbooks, governmental regulations, and industry standards you followed or referenced in your analysis.

Introduction

References

The Executive Summary

Brief Discussion of Technical Standards and Practices

Question 21 of 30

Question 22 of 30

22.

Which word(s) or phrase(s) should an expert avoid in his or her report or while giving testimony?

Supposedly, probably, or possible

Never, always, every

I believe, I guess, I think

Obviously and clearly

All of the above

Question 22 of 30

Question 23 of 30

23.

In this section, you apply the data from above to your analysis.you could show how the methodology you selected is appropriate and consistent. Finally, you might apply the legal concepts to a damage calculation.

Introduction

Discussion

The Executive Summary

Brief Discussion of Technical Standards and Practices

Question 23 of 30

Question 24 of 30

24.

In this section, provide any charts, graphs, or data created for the report. This section sets up the discussion and analysis used in the report.

Introduction

Review of Data

The Executive Summary

Brief Discussion of Technical Standards and Practices

Question 24 of 30

Question 25 of 30

25.

The difference between a consulting expert and a testifying expert is:

A consulting expert is a “generalist” while an expert is almost always considered a subject matter expert.

A consulting expert is protected from discovery while a testifying expert is not protected from discovery.

Consulting experts never prepare a written report while testifying experts must always prepare a written report.

Consulting experts work for the defense while testifying experts work for the plaintiff.

Question 25 of 30

Question 26 of 30

26.

This section lists what information you reviewed. The best approach to this section is to simply provide a listing of all documents you reviewed

Introduction

Data Reviewed

The Executive Summary

Brief Discussion of Technical Standards and Practices

Question 26 of 30

Question 27 of 30

27.

Discoverable Means : "everything you do is discoverable. By discoverable, we mean that you must disclose to opposing counsel all of the documents you reviewed related to the case. You must also disclose all information received from counsel, the client, or any other source, all conversations with counsel, any e-mail, work product, handwritten notes, or computational materials"

True

False

Question 27 of 30

Question 28 of 30

28.

addresses any compensation you received. Typically, you will list your hourly rate rather than the total amount of compensation you received.

Introduction

Fee Disclosure

The Executive Summary

Brief Discussion of Technical Standards and Practices

Question 28 of 30

Question 29 of 30

29.

What is Discovery cut-off ?

a specific time frame when each party to a lawsuit may request information from the other.

a specific date after which no additional material is required to be provided by either party.

Non of the above

Question 29 of 30

Question 30 of 30

30.

It is not important for an attorney to understand an expert’s methodology as long as the report sounds concise and accurate.

True

False

Question 30 of 30

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