context: P 13 Opinion testimony by an expert witness that encompasses an ultimate issue is generally admissible when it alludes to an inference that the trier of fact should make, or uses a term that has both a lay factual meaning and legal meaning, and it is clear that the witness is using only the factual term. Additionally, such opinion testimony is admissible when helpful to the jury under Rule 702.
citation_a.signal: see
citation_a.identifier: 10 F.3d 405, 414-15
citation_a.parenthetical: relationship between opinion and ultimate issue is important in determining helpfulness of testimony
citation_a.sentence: See United States v. Allen, 10 F.3d 405, 414-15 (7th Cir.1993) (relationship between opinion and ultimate issue is important in determining helpfulness of testimony); see also, United States v. Perkins, 470 F.3d 150, 159-60 (4th Cir.2006) (civil action alleging excessive force, testimony regarding defendant’s reasonableness of use of force did not impermissibly state a legal conclusion because it did not address objective reasonableness; instead the testimony focused on the witness’ personal assessments of the defendant’s conduct); Maffei v. N. Ins. Co. of N.Y., 12 F.3d 892, 897 (9th Cir.1993) (testimony properly allowed because opinions were helpful to determine whether defendant was involved in the conspiracy).
citation_b.signal: see also
citation_b.identifier: 12 F.3d 892, 897
citation_b.parenthetical: testimony properly allowed because opinions were helpful to determine whether defendant was involved in the conspiracy
citation_b.sentence: See United States v. Allen, 10 F.3d 405, 414-15 (7th Cir.1993) (relationship between opinion and ultimate issue is important in determining helpfulness of testimony); see also, United States v. Perkins, 470 F.3d 150, 159-60 (4th Cir.2006) (civil action alleging excessive force, testimony regarding defendant’s reasonableness of use of force did not impermissibly state a legal conclusion because it did not address objective reasonableness; instead the testimony focused on the witness’ personal assessments of the defendant’s conduct); Maffei v. N. Ins. Co. of N.Y., 12 F.3d 892, 897 (9th Cir.1993) (testimony properly allowed because opinions were helpful to determine whether defendant was involved in the conspiracy).