New York Law (NYLE) Practice Exam

Which one of the following statements concerning expert testimony is false?

1. An expert may rely on hearsay evidence if the hearsay is admissible.

2. An expert's opinion must be based solely on facts and data.

3. An expert's methodology must be widely accepted in the scientific community.

4. An expert may rely on hearsay evidence in stating her opinion only if the hearsay evidence is admissible in its own right.

The correct answer is: An expert may rely on hearsay evidence in stating her opinion only if the hearsay evidence is admissible in its own right.

The selection of the statement that an expert may rely on hearsay evidence in stating her opinion only if the hearsay evidence is admissible in its own right highlights an important facet of expert testimony in legal proceedings. The assertion is inaccurate because an expert can indeed rely on hearsay evidence under certain conditions, particularly when the hearsay is not offered for the truth of the matter asserted but to support the expert's opinion, which may be considered reliable and helpful to the fact-finder. Experts often build their conclusions on a foundation that includes a combination of their own experience, specialized knowledge, and data from various sources, some of which might be hearsay. The rules allow experts to incorporate hearsay into their opinions as long as it is of a type commonly relied upon by experts in the field. Therefore, the statement suggesting that hearsay must be independently admissible in order for an expert to rely on it is misleading. In contrast, it is accurate that experts may rely on admissible hearsay, their opinions can take into account widely accepted methodologies, and their conclusions should find support in valid underlying facts and data. These elements contribute to the expert's credibility and the reliability of their testimony in a legal context.