Also known as: ultimate questions · ultimate issue
Written by attorneys · grounded in primary & secondary sources — see below
A central factual or legal issue that the trier of fact must resolve to decide the case.
Ugo Uberti, an accounting expert, reviewed ledgers showing transfers from restricted accounts and testified that the patterns indicated the executive director had fully intended to deprive donors of the funds. The defense objected that the opinion resolved the ultimate question of intent. The court admitted the testimony because an opinion is not objectionable merely for addressing that central issue.
Ulf Ulfsson was acquitted of arson after the jury found reasonable doubt that he had set the fire at Evergreen Properties. Prosecutors later obtained clearer footage and refiled the same charge. The court dismissed the second prosecution because the prior acquittal had resolved the ultimate question of identity in Ulf's favor.
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Uliana Ustinova challenged whether the Federal Election Commission could exercise certain enforcement powers after its members were appointed without Senate confirmation. The Court framed the ultimate question as which statutory functions the improperly constituted body could lawfully perform.
Ulysses Usher sought to introduce prior testimony from a witness who had disappeared. The prosecution argued it had made good-faith efforts to locate her. The court held that the ultimate question was whether the witness remained unavailable despite reasonable pretrial efforts.
Umeko Uchida sued after a coastal regulation prevented development of his beachfront lots for two years. The Court noted that the ultimate question of whether a temporary taking had occurred required further factual development on remand regarding the owner's intent and capacity to build.
Urban Logistics challenged a handgun ban under the Second Amendment. The Court framed the ultimate question as whether the District of Columbia's prohibition was consistent with the historical understanding of the right to keep and bear arms for self-defense.
No. Under the Federal Rules an opinion is not objectionable merely because it embraces an ultimate issue. The testimony remains admissible if it otherwise satisfies the requirements for expert or lay opinion evidence.
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Issue preclusion under the Double Jeopardy Clause prevents relitigation when the first jury necessarily resolved an ultimate factual issue, such as the defendant's identity as the perpetrator, in the defendant's favor. New evidence or good faith by the state does not remove the bar.
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Rule 704(b) prohibits an expert from stating an opinion on whether the defendant possessed the mental state that constitutes an element of the crime. That mental-state determination remains the exclusive province of the jury even though other opinions touching ultimate issues are permitted.
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…in the statute may be exercised by an agency whose members have been appointed in accordance with the Appointments Clause, the ultimate question is which, if any, of those powers may be exercised by the present voting Commissioners, none of whom was appointed as provided by that Clause. Our previous description of the statutory…