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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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got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
WorthlessAttractiveZombie
7:44
My berkeley paragraph finally disappeared. I definitely think it is just an indicator that they are actively reviewing files, and does not mean anything about A, WL, or Rs
WorthlessAttractiveZombie
7:46
Also has anyone's date disappeared for W&L? Mine did last night
7:55
@WorthlessAttractiveZombie: mine did yesterday morning
7:56
Oops sorry I meant Vilanova. Mine disappeared last week
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