Warning

Info

LSDefine

Simple English definitions for legal terms

Daubert test

Read a random definition: subsistence

A quick definition of Daubert test:

The Daubert test is a way for courts to decide if expert testimony is valid and can be used in a trial. The court looks at whether the expert's reasoning and methods are scientifically sound and if they can be tested. The court also considers if the scientific community accepts the theory. This test is used to make sure that only reliable and relevant evidence is presented in court.

A more thorough explanation:

The Daubert test is a method used by federal district courts to determine whether expert testimony is admissible under Federal Rule of Evidence 702. This rule requires that expert testimony consist of scientific, technical, or other specialized knowledge that will assist the fact-finder in understanding the evidence or determining a fact in issue.

The trial court acts as a "gatekeeper" of the evidence and must decide whether the proposed expert testimony meets the requirements of relevance and reliability. The court applies the test outside the jury's presence, usually during a pretrial Daubert hearing. At the hearing, the proponent must show that the expert's underlying reasoning or methodology and its application to the facts are scientifically valid.

In ruling on admissibility, the court considers a flexible list of factors, including:

  • Whether the theory can be or has been tested
  • Whether the theory has been subjected to peer review or publication
  • The theory's known or potential rate of error and whether there are standards that control its operation
  • The degree to which the relevant scientific community has accepted the theory

For example, in the case of Daubert v. Merrell Dow Pharms., Inc., the court applied the Daubert test to determine the admissibility of expert testimony regarding the link between a drug and birth defects. The court found that the expert's methodology was not scientifically valid and therefore excluded the testimony.

Another example is the case of Kumho Tire Co. v. Carmichael, in which the court applied the Daubert test to determine the admissibility of expert testimony regarding a tire blowout. The court found that the expert's methodology was not reliable and therefore excluded the testimony.

Daubert hearing | daughter

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
Quillinit
11:57
ah you filed retro W's from classes in UG?
Quillinit
11:58
ah okay, sorry homie that's rough
it's fine i got into one of my top choices so im really happy
Quillinit
11:58
<3 happy for you
getting into cornell is hugeee
ayyyyy
Quillinit
11:59
^^^^^ would love to get into Cornell lmao
Quillinit
11:59
or anywhere!
you got it, believeeee
12:06
@letsseehowitgoesnow: you okay?
12:08
@ KnowledgeableRitzyWasp did u withdraw frm all your classes for two years or just a few? i have 2 W's
12:23
listening to the front bottoms at the gym again ist es over fur mich?
My wife and I saw TFB with manchester orchestra the night before thanksgiving a few years back and it was pretty damn choice
shaquilleoatmeal
12:27
yoo lets dawg what happened, you good?
12:28
breakup
12:28
happens to the best of us
12:28
@UnsuitableMaliciousHedgehog: that’s so fucking sick
rough night and morning with ex :/. we broke up but we live together
shaquilleoatmeal
12:29
damn ;/ it is break up season dawg, i'm sorry you're going through that
12:29
it really is breakup season
shaquilleoatmeal
12:29
i lived with my ex for 3 months after we broke up and it was brutal. If you can move out quicker rather than later
thanks shaq! i just needed some input from people who are looking from the outside in
im gonna pack up my stuff and leave for a few days when i get off work
12:31
sometimes I think about things my ex said and did to me and a year later it still makes me so sad that I ever let myself be treated that way
shaquilleoatmeal
12:32
yee bud clear your head how you need, shit sometimes even just driving with no destination and some sad ass music can get you through this
shaquilleoatmeal
12:32
you grow through what you go through bunny, you know for the next relationship what you deserve
I want to run you guys through a scenario to see what yall think. Go to off topic for the one time lol
12:34
gotchu
LSD+ is ad-free, with DMs, discounts, case briefs & more.