Is it generally permissible for a witness to testify about the ultimate issue of the case?

Is it generally permissible for a witness to testify about the ultimate issue of the case?

• A. No, the ultimate issue is for the jury or judge to decide.
• B. Yes, the witness may decide the issue.
• C. Only if the witness is an expert.
• D. Only in civil cases.

Answer: (A)

The main idea is that the decision on the ultimate outcome of a case belongs to the jury or the judge, not to a witness. A witness’s job is to provide facts and permissible opinions about those facts, helping the trier of fact understand what happened. Rendering a verdict—declaring someone guilty or liable—counts as a legal conclusion, which would improperly substitute a witness’s view for the decision-makers’ role. In general, you shouldn’t ask a witness to decide the case. There are exceptions, though. Expert witnesses may offer opinions that address ultimate issues under some rules, so in those limited contexts the line can blur. But the broad rule, especially for lay witnesses, is that they don’t provide the verdict, and this applies across civil and criminal settings.

The main idea is that the decision on the ultimate outcome of a case belongs to the jury or the judge, not to a witness. A witness’s job is to provide facts and permissible opinions about those facts, helping the trier of fact understand what happened. Rendering a verdict—declaring someone guilty or liable—counts as a legal conclusion, which would improperly substitute a witness’s view for the decision-makers’ role. In general, you shouldn’t ask a witness to decide the case.

There are exceptions, though. Expert witnesses may offer opinions that address ultimate issues under some rules, so in those limited contexts the line can blur. But the broad rule, especially for lay witnesses, is that they don’t provide the verdict, and this applies across civil and criminal settings.