Question

Trial Prep Memorandum

As a prosecutor or defense attorney, part of your job in trial preparation is to determine what issues may arise during the course of the trial; by doing so you prepare for all outcomes and have your briefs ready.  For this week’s homework assignment, you will prepare a 3 page memorandum listing the Federal Rules of Evidence (FRE) numbers and substance that will allow the testimony of your expert witness to stand.

As a part of this memorandum you will include information from at least two cases to support the admission of expert testimony.

Finally you will include a section outlining all considerations and arguments for/against the balancing test of FRE 403, probative value versus prejudicial harm.  Remember to cite your work and include all necessary rules, cases, and other information citing to the text.