hypothetical question


hypothetical question
A hypothetical question is a form of question framed in such a manner as to call for an opinion from an expert based on a series of assumptions claimed to have been established as fact by the evidence in a case. It is a device which is used at trial to enable an expert witness to express an opinion concerning facts about which he did not have personal knowledge. It should be so framed as to recite all the facts in evidence which are relevant to the formation of an opinion and then, assuming the facts recited to be true, the witness should be asked whether he is able to form an opinion therefrom and if so to state his opinion. McMurrey v. State, 145 Tex.Cr.R. 439, 168 S.W.2d 858, 860.
Federal Rules of Evidence 705 and 703 eliminate the requirement that a hypothetical question must be used in Federal Court, but either the court or the questioner may decide that one should be used

Black's law dictionary. . 1990.

Look at other dictionaries:

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