1204

I would say:

"I object to the witness's opinion about the speed of the airplane. Rule 701 requires that opinions be rationally based on perception. Although this witness saw the plane, no foundation has been laid that she has the experience to make a rational judgment about airplane speed."

In evaluating your answer, look for two things:

1) Did you phrase your objection as "inadequate foundation?" Remember that the opinion rule is a foundation rule, not a rule of inadmissibility.

2) Were you specific about which part of the foundation was lacking? Rule 701 provides that most opinions are admissible, so you must be specific about which part of the foundation is lacking in this case -- is it inadequate perception, inadequate experience from which to draw reliable conclusions from that perception, irrationality, or less helpful than other ways of communicating?

Any questions? Email tanford@indiana.edu and refer to 1204

On to item 3.  If there is an objection that the characterization of the pilot's behavior as "stumbled" and “looked drunk” violates the opinion rule, how should the plaintiff's attorney respond? When you think you know the answer, click here .