Under General Electric Co. v. Joiner, what standard of review applies to a trial court's ruling on expert testimony?
QUESTION
A witness testifies that the driver 'seemed drunk' because he slurred his words and staggered. What is the status of the testimony?
QUESTION
Under FRE 704(b), what may an expert not state in a criminal case?
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ANSWER
An opinion on whether the defendant had a mental state that is an element of the crime or defense. Under Diaz v. United States, an expert may testify about what most people in a group know, without addressing the defendant's own state.