Multiple Choice Questions
1. As a general rule, at least under federal procedures, whose pretrial work is not subject to discovery by the opposing party?
a. Expert witness.
b. Expert consultant.
c. Expert witness and the expert consultant.
d. Neither the expert witness nor the expert consultant.

2. In some cases, the opposing party in court litigation could do which of the following that is a request to prevent all or part of the expert testimony?
a. Invoke Federal Rule 404.
b. Make a motion in limine.
c. Invoke the Frye test.
d. None of these.

3. The Daubert test differs from the Frye test in that the Daubert test does which of the following?
a. Focuses on reliable principles and methods.
b. Is applicable in all state courts.
c. Focuses on principles and methods that are generally accepted in the scientific community.
d. None of these.

4. The Supreme Court in the Kumho Tire Co. v. Carmichael case ruled that the Daubert conditions were merely illustrative and applied to which of these?
a. All scientific testimony.
b. Nonscientific testimony.
c. Applicable nonscientific testimony in some state courts.
d. Applicable nonscientific testimony in federal courts.

5. Which strategy is an opposing attorney likely to apply in deposing a weak expert witness?
e. Attack the witness vigorously to destroy his or her credibility.
f. Destroying the credibility of a weak witness would likely result in the witness being replaced by a stronger expert.
g. Ask questions that show the expert witness the strength of the opposing attorney’s case.
h. Ask many questions but go easy on the expert witness.
i. None of these.

6. Which of the following is not true?
a. If the client’s case is weak, a single expert witness for a given area of testimony is generally preferred.
b. If the client’s case is strong, a single expert witness for a given area of testimony is generally preferred.
c. If the client’s case is weak, multiple expert witnesses for a given area of testimony are generally preferred.
d. None of these.

7. Which of these describes the best way for expert witnesses to answer questions?
a. In plain language.
b. In formal technical language.
c. In legally framed language, according to professional ethics.
d. None of these.

8. The CPA expert must comply with which of the following?
a. The AICPA Code of Professional Conduct.
b. The Statement on Standards for Consulting Services No. 1.
c. Statements on Auditing Standards.
d. All of the above.

9. What generally applies to expert witnesses in regard to libel and slander claims arising from their testimony?
a. Responsible for.
b. Immune from.
c. Immune from when no errors are made.
d. None of these.