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Simple English definitions for legal terms

Daubert test

Read a random definition: Pasula–Robinette test

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

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RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
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