ND Bar Practice Questions - North Dakota Bar Examination Exam

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A lay witness offers an opinion that the defendant 'appeared drunk.' Under FRE 701, the lay opinion is admissible if it is:

Rationally based on the witness's perception and helpful to understanding the testimony or determining a fact in issue Based on scientific, technical, or specialized knowledge Inadmissible because only experts may give opinions Admissible only if the witness is a police officer

Correct Answer:

Rationally based on the witness's perception and helpful to understanding the testimony or determining a fact in issue

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