Problem 9-1 (p. 436):
I object to Good Old Boy giving an opinion on the cause of Brown's crop failure based on the following grounds:
a. Under Rule 701, he lacks personal knowledge of what kind of herbicide Brown used and whether it was the only herbicide used by brown, therefore he does not have a sufficient factual basis for the conclusion.
b. Under Rule 701, this is not the kind of opinion a lay witness can rationally make based on visual observation because it requires an understanding of the science of plants and herbicides.
c. Under Rule 702, he lacks sufficient qualifications to give an opinion on the chemical cause of brown's crop failure.
d. Under Rule 702 and Daubert , there has been no proof that the method of analysis being used by the witness to draw his conclusion is scientifically reliable.
e. Under Rule 702, the opinion is not rationally based on his expertise because chemical analysis is beyond his expertise in general farming.