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Simple English definitions for legal terms

Daubert standard

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A quick definition of Daubert standard:

The Daubert standard is a rule that judges use to decide if an expert's scientific testimony is based on good reasoning that can be applied to the case. This rule is used to make sure that only qualified evidence is presented to the jury. The standard comes from a court case called Daubert v. Merrell Dow Pharmaceuticals Inc. and considers factors like whether the theory has been tested, reviewed, and has a low error rate. It is used in federal and some state courts and replaced an older standard called Frye. The Supreme Court has clarified the Daubert standard in other cases like General Electric Co. v. Joiner and Kumho Tire Co. v. Carmichael.

A more thorough explanation:

The Daubert standard is a legal standard used by a judge to determine whether an expert witness's scientific testimony is based on valid reasoning that can be applied to the facts of a case. This standard is used to ensure that only qualified evidence is presented to a jury during a trial.

The Daubert standard was established in the Supreme Court case, Daubert v. Merrell Dow Pharmaceuticals Inc. in 1993. The factors that may be considered in determining whether the methodology is valid are:

  1. Whether the theory or technique in question can be and has been tested
  2. Whether it has been subjected to peer review and publication
  3. Its known or potential error rate
  4. The existence and maintenance of standards controlling its operation
  5. Whether it has attracted widespread acceptance within a relevant scientific community

The Daubert standard is used in federal courts and some state courts, replacing the Frye standard in the federal court system. In General Electric Co. v. Joiner, the Supreme Court clarified Daubert, holding that an appellate court may still review a trial court's decision to admit or exclude expert testimony. In Kumho Tire Co. v. Carmichael, the Supreme Court further clarified that the Daubert factors may apply to non-scientific testimony, such as the testimony of engineers and other experts who are not scientists.

For example, if a forensic scientist is called to testify about DNA evidence in a criminal trial, the Daubert standard would be used to determine whether their methodology is scientifically valid and reliable. The judge would consider factors such as whether the technique has been tested, whether it has been subject to peer review, and whether it has a known error rate.

date rape | Davis-Bacon Act

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every damn opportunity
13:47
do schools straight reject people from ed or to they always ed-rd if its a no for ED?
HopefullyInLawSchool
13:48
Some schools rject
13:49
Thanks! I couldn't find any reddit thread about it lol
13:49
but just means now I have to wait for the rejection from Davis
glovediedthisishismom
13:53
i just wanna rock
glovediedthisishismom
13:53
bodyadaya
13:53
let it rock
14:17
How are the vibes heading into thanksgiving yall?
HopefullyInLawSchool
14:17
@Law-Guy Im feeling kinda happy I applied YM to UCI hoping it helps (:
Wanna give some head
soap
14:18
Cornell
14:19
@HopefullyinLawSchool What's YM?
14:19
oh no
HopefullyInLawSchool
14:19
you mom
WorthlessAttractiveZombie
14:19
Ouch
HopefullyInLawSchool
14:19
your*
14:19
I fear I realized too late
babycat
14:20
another victim claimed
concorde
14:22
pwned
14:22
Might have to send in addendums for that
Dkk
14:26
No wave, so sad.
WorthlessAttractiveZombie
14:28
What are the odds that berk releases later today?
babycat
14:28
@Dkk: And here I thought you were a prophet. Smh.
14:33
@WorthlessAttractiveZombie: 4
WorthlessAttractiveZombie
14:35
@EvolBunny: I will take the odds of 4, very promising
14:38
I'm too drunk to taste this chicken
Dkk
14:38
Lol, I suck I guess. @babycat
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