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MBE Wisconsin Bar Exam Topic Index
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A warehouse manager saw a machine spark, heard a loud pop, and then saw smoke rise from the machine. He is asked whether the machine "started the fire." He is not asked whether the manufacturer was negligent. Which statement is most accurate?
The opinion is inadmissible because all causation opinions are legal conclusions.
The opinion is admissible even if based only on a later engineering report he read.
The opinion is inadmissible because Rule 704 bars all ultimate-issue opinions.
The opinion is not automatically barred merely because it bears on causation, but it must be grounded in perception and not technical analysis.