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Daubert
In United States federal law, the ''Daubert'' standard is a rule of evidence regarding the admissibility of expert witness testimony. A party may raise a ''Daubert'' motion, a special motion ''in limine'' raised before or during trial, to exclude the presentation of unqualified evidence to the jury. The ''Daubert'' trilogy are the three United States Supreme Court cases that articulated the ''Daubert'' standard: *''Daubert v. Merrell Dow Pharmaceuticals, Inc.'' (1993), which held that Rule 702 of the Federal Rules of Evidence did not incorporate the ''Frye'' standard as a basis for assessing the admissibility of scientific expert testimony, but that the rule incorporated a flexible reliability standard instead; *''General Electric Co. v. Joiner'' (1997), which held that a district court judge may exclude expert testimony when there are gaps between the evidence relied on by an expert and that person's conclusion, and that an abuse-of-discretion standard of review is the proper st ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Daubert V
In United States federal law, the ''Daubert'' standard is a rule of evidence regarding the admissibility of expert witness testimony. A party may raise a ''Daubert'' motion, a special motion ''in limine'' raised before or during trial, to exclude the presentation of unqualified evidence to the jury. The ''Daubert'' trilogy are the three United States Supreme Court cases that articulated the ''Daubert'' standard: *'' Daubert v. Merrell Dow Pharmaceuticals, Inc.'' (1993), which held that Rule 702 of the Federal Rules of Evidence did not incorporate the ''Frye'' standard as a basis for assessing the admissibility of scientific expert testimony, but that the rule incorporated a flexible reliability standard instead; *''General Electric Co. v. Joiner'' (1997), which held that a district court judge may exclude expert testimony when there are gaps between the evidence relied on by an expert and that person's conclusion, and that an abuse-of-discretion standard of review is the proper ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frye Standard
The ''Frye'' standard, ''Frye'' test, or general acceptance test is a test used in United States courts to determine the admissibility of scientific evidence. It provides that expert opinion based on a scientific technique is admissible only when the technique is generally accepted as reliable in the relevant scientific community. In ''Daubert v. Merrell Dow Pharmaceuticals'', 509 U.S. 579 (1993), the United States Supreme Court held that the Federal Rules of Evidence superseded ''Frye'' as the standard for admissibility of expert evidence in federal courts. Some states, however, still adhere to the ''Frye'' standard. History This standard comes from ''Frye v. United States'', 293 F. 1013 (D.C. Cir. 1923), a case discussing the admissibility of systolic blood pressure deception test as evidence. The Court in Frye held that expert testimony must be based on scientific methods that are sufficiently established and accepted. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Expert Witness
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts. History The forensic expert practice is an ancient profession. For example, in ancient Babylonia, midwives were used as experts in determining pregnancy, virginity and female fertility. Similarly, the Roman Empire recognized midwives, handwriting experts and land surveyors as legal experts. The codified use of expert witnesses and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Polygraph
A polygraph, often incorrectly referred to as a lie detector test, is a device or procedure that measures and records several physiological indicators such as blood pressure, pulse, respiration, and skin conductivity while a person is asked and answers a series of questions. The belief underpinning the use of the polygraph is that deceptive answers will produce physiological responses that can be differentiated from those associated with non-deceptive answers; however, there are no specific physiological reactions associated with lying, making it difficult to identify factors that separate those who are lying from those who are telling the truth. In some countries, polygraphs are used as an interrogation tool with criminal suspects or candidates for sensitive public or private sector employment. US law enforcement and federal government agencies such as the FBI, DEA, CIA, NSA, and many police departments such as the LAPD and the Virginia State Police use polygraph examinatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Junk Science
The expression junk science is used to describe scientific data, research, or analysis considered by the person using the phrase to be spurious or fraudulent. The concept is often invoked in political and legal contexts where facts and scientific results have a great amount of weight in making a determination. It usually conveys a pejorative connotation that the research has been untowardly driven by political, ideological, financial, or otherwise unscientific motives. The concept was popularized in the 1990s in relation to expert testimony in civil litigation. More recently, invoking the concept has been a tactic to criticize research on the harmful environmental or public health effects of corporate activities, and occasionally in response to such criticism. Author Dan Agin in his book ''Junk Science'' harshly criticized those who deny the basic premise of global warming, In some contexts, junk science is counterposed to the "sound science" or "solid science" that favors one' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Motion In Limine
In U.S. law, a motion ''in limine'' (; "at the start", literally, "on the threshold") is a motion, discussed outside the presence of the jury, to request that certain testimony be excluded. A motion ''in limine'' can also be used to get a ruling to allow for the inclusion of evidence. The motion is decided by a judge in both civil and criminal proceedings. It is frequently used at pre-trial hearings or during trial, and it can be used at both the state and federal levels. The reasons for the motions are wide and varied, but probably the most frequent use of the motion ''in limine'' in a criminal trial is to shield the jury from information concerning the defendant that could possibly be unfairly prejudicial to the defendant if heard at trial. Other reasons arise under the Federal Rules of Civil Procedure for failure to comply with discovery. Other proper subjects for motions in limine stem from the court's power to "Provide for the orderly conduct of proceedings before it" and t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Motion In Limine
In U.S. law, a motion ''in limine'' (; "at the start", literally, "on the threshold") is a motion, discussed outside the presence of the jury, to request that certain testimony be excluded. A motion ''in limine'' can also be used to get a ruling to allow for the inclusion of evidence. The motion is decided by a judge in both civil and criminal proceedings. It is frequently used at pre-trial hearings or during trial, and it can be used at both the state and federal levels. The reasons for the motions are wide and varied, but probably the most frequent use of the motion ''in limine'' in a criminal trial is to shield the jury from information concerning the defendant that could possibly be unfairly prejudicial to the defendant if heard at trial. Other reasons arise under the Federal Rules of Civil Procedure for failure to comply with discovery. Other proper subjects for motions in limine stem from the court's power to "Provide for the orderly conduct of proceedings before it" and t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. Law In the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. To be admissible in court and for maximum reliability and validity, written testimony is usually witnessed by one or more persons who swear or affirm its authenticity, also under penalty of perjury. Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony. Legitimate expert witnesses w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward Imwinkelried
Edward John Imwinkelried (born September 19, 1945) is an American educator and law scholar. the Edward L. Barrett, Jr. Professor of Law Emeritus at the UC Davis School of Law (King Hall). Imwinkelried is the most cited legal academic in the country in the area of Evidence law. His book, ''Scientific Evidence'', was cited twice by the U.S. Supreme Court in the ground-breaking evidence case, Daubert v. Merrell Dow Pharmaceuticals. Education He received a B.A. ( magna cum laude) in Political Science from the University of San Francisco in 1967 and a J.D. ( magna cum laude) from the University of San Francisco School of Law in 1969. Military service He graduated from The JAG School at the University of Virginia in June 1970 and commissioned an officer in the United States Army. From June 1970 to June 1971, he served as a Post Judge Advocate at the Rocky Mountain Arsenal in Denver, Colorado. He also served as a prosecuting attorney before United States Magistrate courts and as defe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burden Of Proof (law)
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
RAND Corporation
The RAND Corporation (from the phrase "research and development") is an American nonprofit global policy think tank created in 1948 by Douglas Aircraft Company to offer research and analysis to the United States Armed Forces. It is financed by the Federal government of the United States, U.S. government and private Financial endowment, endowment, corporations, university, universities and private individuals. The company assists other governments, international organizations, private companies and foundations with a host of defense and non-defense issues, including healthcare. RAND aims for interdisciplinary and quantitative problem solving by translating theory, theoretical concepts from formal economics and the Outline of physical science, physical sciences into novel applications in other areas, using applied science and operations research. Overview RAND has approximately 1,850 employees. Its American locations include: Santa Monica, California (headquarters); Arlington ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Product Liability
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has broad connotations, product liability as an area of law is traditionally limited to products in the form of tangible personal property. Product liability by country The overwhelming majority of countries have strongly preferred to address product liability through legislative means. In most countries, this occurred either by enacting a separate product liability act, adding product liability rules to an existing civil code, or including strict liability within a comprehensive Consumer Protection Act. In the United States, product liability law was developed primarily through case law from state courts as well as the ''Restatements of the Law'' produced by the American Law Institute (ALI). The United States and the European Union's product ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
