What is the difference between testimony by an expert and opinion by a non-expert?

California, United States of America


The following excerpt is from People v. McAlpin, 283 Cal.Rptr. 382, 53 Cal.3d 1289, 812 P.2d 563 (Cal. 1991):

12 The contrast, of course, is with opinion testimony by an expert, which may be based on information furnished to the expert by others, provided only that it is the kind of information on which experts may reasonably rely. (Evid.Code, 801, subd. (b).) As succinctly put in Manney v. Housing Authority, supra, 79 Cal.App.2d 453, 459-460, 180 P.2d 69, "For a nonexpert to be competent to give an opinion ... he must be testifying about facts that he has personally observed; but the expert ... may give his opinion, although he did not personally observe the facts, basing his opinion upon the facts testified to by other witnesses [and] put to him in the form of hypothetical questions."

Other Questions


In determining whether to admit expert testimony in a medical malpractice case, what is the test for admitting expert testimony? (California, United States of America)
Is testimony expressing opinion on legal question of probable cause inadmissible as improper expert opinion? (California, United States of America)
In determining whether to admit expert testimony in a medical malpractice case, what is the test for admitting expert testimony? (California, United States of America)
Does the fact that expert testimony may be available at trial require defense counsel to consult the experts or present their testimony at trial? (California, United States of America)
Is a cross-complainant seeking damages for damages for legal malpractice against his former attorney required to present expert testimony from a different expert? (California, United States of America)
In a medical malpractice case, is an expert witness allowed to provide opinion testimony? (California, United States of America)
What is the test for admissibility of expert opinion testimony in a medical malpractice case? (California, United States of America)
Is an expert's need to consider extrajudicial matters, and a jury's need for information sufficient to evaluate an expert opinion? (California, United States of America)
Can an expert witness whose opinion is based on inadmissible material describe the material that forms the basis of the opinion? (California, United States of America)
Does section 2034(i)(2)(B) of the California Medical Code require an expert witness fee to be paid to a treating physician who also gives standard care opinion testimony? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.