Description

Expert Witness X – 1.5 Contact Hours
The case-in-chief is Vincent v. Johnston, Tennessee Court of Appeals, 2014. The focus of this case, in addition to being a case on expert witness testimony, is the ‘Ultimate Issue Rule,’ as promulgated by the Federal Rules of Evidence (FRE) in 1975 (“the Rules”), and subsequently adopted by at least 43 (is not a few more) of the states. The Ultimate Issue Rule is imbedded in FRE Rule 704, dealing with expert witness testimony. Prior to the adoption of the Rules, the majority view in the various jurisdictions across the country was that an expert testifying in court could not give an opinion on the ultimate issue in the case. This was considered an invasion of the province of the jury as the trier of the facts. This rendered the expert as, essentially, a fact witness with no opinion. The Rules have changed. Now the expert will be expected to have an opinion and in a boundary dispute case that means an opinion on the ultimate issue, i.e., the location of the property line between the plaintiff and the defendant. This is a 2-Page Letter covering 1 Court Opinion consisting of 23 pages. This 25-Page document has a 10-Question examination based on the text of the newsletter and the case-in-chief with a focus on the expert witness testimony.

OBJECTIVES: To enhance professional competency and improve practitioner’s knowledge of the law as it relates to the practice of land surveying.