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Simple English definitions for legal terms

Daubert test

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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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16:44
Yeah, I would have definitely gone to the hotel if I knew they booked a room for me. At the very least, it would be proper to show up personally and explain your extraneous circumstances
Law-Shark
16:44
Nah but it's in your name. I went to an ASD. I asked the school for an extra night and they gave it to me. You just need to plan things better.
Law-Shark
16:45
This is like peak disconenct between the male and female brain.
16:45
i think that's where i was confused then
Law-Shark
16:45
disconnect*
Law-Shark
16:45
You live and you learn
16:45
because i did let one of the staff know i'd be leaving early and thought that would be enough
16:46
but i was confused why i got an e-mail with a room cuz I didn't ask for it at all
Law-Shark
16:46
Well, you know now what to do.
16:47
well on their end they prob shouldn't just be buying hotel rooms for ppl who don't request it and then getting mad I didn't go
16:48
goof
16:48
Did you get any materials for admitted students day explaining that they would be booking hotel rooms?
16:49
there was an opt in on the form but I didn't select yes
16:49
Hmm, that's weird
16:50
i think it's unprofessional of them to call you like what if you had an emergency and had to leave? why is it their business why you didn't stay? not like they're lacking money and $100.00 hotel room is gona make them bankrupt
16:50
i figured it was an error and I was on the road so I didn't read into it. plus it would make more sense for it to be the night before cuz it started at 9am? so I was like uhhh and paid it no mind
16:51
@bigfatsloth: that's what i'm saying, they were gonna pay no matter what
16:54
"This is like peak disconenct between the male and female brain." like bffr
16:55
It was probably an administrative error then. I can't imagine why they would book hotel rooms for people that didn't select yes. I would maybe follow up with them and apologize for the misunderstanding to avoid any awkwardness
Denny
16:56
who watch that arsenal game
16:56
I'm a Chelsea fan unfortunately
damn why are yall fighting i the lsd.law gc
Denny
17:14
@ET025: but ur not watching champions league?
Denny
17:15
declan rice did a madness
17:20
@Denny: Not today. Doing more LSAT studying this afternoon, but I saw that. I think Chelsea missed out on him. (this is probably more suited for OT)
Does anyone have experience getting their aid package reconsidered at WashU? How long does it take to hear back after sending the form?
MrThickRopes
21:01
fo pm gon be good to us tmrw
Mr ropes is hopeful again so I am too
21:33
lets go ropes
21:53
[deleted by starfishies]
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