A non-expert witness offering an opinion must be based on what?

• A. It may be based on hearsay.
• B. It must be rationally based on the witness's perception and helpful to clearly understand the testimony.
• C. It may rely on specialized knowledge.
• D. It must be based on the expert's opinion.

Answer: (B)

A non-expert witness (a lay witness) may offer opinions only if those opinions arise from the witness’s own perception and help the jury understand the testimony. This keeps lay opinions grounded in observable facts the witness actually perceived, rather than in speculation or specialized knowledge. For example, describing someone’s appearance, emotions, or whether a car was speeding can be admissible if the witness can point to what they directly perceived and the opinion aids understanding.

Hearsay-based opinions aren’t allowed for a lay witness because the opinion must come from the witness’s own perception, not from out-of-court statements. Opinions that rely on specialized knowledge or technical expertise belong to experts, not ordinary witnesses. And a lay witness isn’t permitted to base an opinion on an expert’s view; the witness must form their opinion from their own observations.