What does Rule 701 say about lay opinion?

• A. A lay witness may offer opinions that are rationally based on the witness's perception and helpful to understanding the testimony, not based on specialized knowledge.
• B. Lay opinions are never allowed.
• C. Lay opinions must be based on scientific data.
• D. Lay opinions require expert qualification.

Answer: (A)

Rule 701 allows a lay witness to give opinions if they’re drawn from the witness’s own perceptions and help explain or clarify the testimony, and they don’t require specialized knowledge. In practice, this means a witness can say what they observed or sensed—like that a car was speeding, that someone appeared nervous, or that an event happened around a certain time—without needing to be an expert. The testimony must be helpful to the jury or judge in understanding the facts, not rest on scientific data or technical theories.

So the idea is simple: opinions by nonexperts are OK when they come from what the witness perceived and assist the fact-finder, as long as they don’t hinge on specialized or technical knowledge. That’s why statements rooted in perception and common-sense interpretation are admissible, while claims based on scientific data or requiring expert qualification are not.