AL Bar Practice Questions - Alabama Bar Examination Exam

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At trial, a lay witness testifies that, in her opinion, the defendant 'appeared drunk' based on his slurred speech, the smell of alcohol, and his unsteady walk. Opposing counsel objects that this is improper opinion testimony. Under FRE 701, is the testimony admissible?

No, only an expert may testify about intoxication No, lay witnesses may never offer opinions Yes, a lay witness may give an opinion rationally based on her perception that is helpful to the jury and not based on specialized knowledge Yes, but only if the witness is a police officer

Correct Answer:

Yes, a lay witness may give an opinion rationally based on her perception that is helpful to the jury and not based on specialized knowledge

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