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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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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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