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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.

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jackfrost11770
10:54
we are a select few
10:54
fr fr, that kazakh blood is def doing it for you
@Mostlylegal: same but i’m brown so i just get browner
jackfrost11770
10:54
yeah haha also my dad grew up in odessa
lilypadfrog
10:54
cramping up at work. i don’t even care anymore
jackfrost11770
10:55
so anything south russia is like basically tropical climate lmfao
shaquilleoatmeal
10:55
5 mins till lilly gets mich
10:55
@jackfrost11770: no kidding, ive been, my mom is from lviv
jackfrost11770
10:55
ive never been always wanted to go, maybe sometime in the future :(
cumsock
10:56
who tf be searching be on linkedin
cumsock
10:57
me*
lilypadfrog
10:58
me
I do, you are cute in the profile pic
lilypadfrog
10:58
im looking up cumsock on linkedin
PuppyBot
10:59
guys manifest my period
PuppyBot
10:59
ive been getting cramps the past few days but no blood so i think its coming soon
lilypadfrog
10:59
I thought our cycles were synced u should having urs any day now
lilypadfrog
10:59
have
10:59
ok manifesting for u lol
PuppyBot
11:00
ok epic. thank you jae. i cannot risk pregnancy.
GreyCeaselessMammoth
11:00
another wednesday and no mich
lilypadfrog
11:00
same
lilypadfrog
11:00
i don’t even care anymore
JumpySubsequentDolphin
11:00
maybe it’s taking a minute
11:02
oh everyone wants mich?
GreyCeaselessMammoth
11:02
it might be, i haven't seen anyone post yet
renard99
11:02
Down with Mich
PuppyBot
11:02
down with mich, ohio rise up from the ashes...
GreyCeaselessMammoth
11:03
okay someone posted
ForDizzyDJoy
11:03
It takes a minute. I was in shock when i got it. It took me a while to get to lsd and Reddit😂
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