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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Dow Pharmaceuticals'', 509 U.S. 579 (1993), the United States Supreme Court held that the Federal Rules of Evidence superseded ''Frye'' as the standard for admissibility of expert evidence in federal courts.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] |
Admissible Evidence
Admissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder—usually a judge or jury—to establish or to bolster a point put forth by a party to the proceeding. For evidence to be admissible, it must be relevant and "not excluded by the rules of evidence", which generally means that it must not be unfairly prejudicial, and it must have some indicia of reliability. The general rule in evidence is that all relevant evidence is admissible and all irrelevant evidence is inadmissible, though some countries (such as the United States and, to an extent, Australia) proscribe the prosecution from exploiting evidence obtained in violation of constitutional law, thereby rendering relevant evidence inadmissible. This rule of evidence is called the exclusionary rule. In the United States this was effectuated federally in 1914 under the Supreme Court case '' Weeks v. United States'' and incorporated against th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scientific Evidence
Scientific evidence is evidence that serves to either support or counter a scientific theory or hypothesis, although scientists also use evidence in other ways, such as when applying theories to practical problems. "Discussions about empirical evidence have tended to focus on epistemological questions regarding its role in theory testing ... even though empirical evidence also plays important and philosophically interesting roles in other areas including scientific discovery, the development of experimental tools and techniques, and the application of scientific theories to practical problems." Such evidence is expected to be empirical evidence and interpretable in accordance with scientific methods. Standards for scientific evidence vary according to the field of inquiry, but the strength of scientific evidence is generally based on the results of Statistics, statistical analysis and the strength of scientific controls. Principles of inference A person's assumptions or be ... [...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] |
Federal Rules Of Evidence
First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local variations, or have revised their own evidence rules or codes to at least partially follow the federal rules. History The law of evidence governs the proof of facts and the inferences flowing from such facts during the trial of civil and criminal lawsuits. Before the twentieth century, evidence law was largely the product of decisional law. During the twentieth century, projects such as the California Evidence Code and the Uniform Rules of Evidence encouraged the codification of those common law evidence rules. In 1965, Chief Justice Earl Warren appointed an advisory committee of fifteen to draft the new rules. The committee was composed of U.S. lawyers and U.S. legal scholars. The Federal Rules of Evidence began as rules proposed pursuan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Elizabeth Holloway Marston
Sarah Elizabeth Marston ( Holloway; February 20, 1893 – March 27, 1993) was an American attorney and psychologist. She is credited, with her husband William Moulton Marston, with the development of the systolic blood pressure measurement used to detect deception; the predecessor to the polygraph.Lamb, Marguerite.Who Was Wonder Woman? Long-Ago LAW Alumna Elizabeth Marston Was the Muse Who Gave Us a Superheroine, ''Boston University Alumni Magazine'', Fall 2001.Comm. to Review the Scientific Evidence on the Polygraph, Nat'l Research Council. ''The Polygraph and Lie Detection'' (2003). She is also credited as the inspiration for her husband's comic book creation Wonder Woman, a character fashioned on their polyamorous life partner, Olive Byrne.Malcolm, Andrew H ''The New York Times'', February 18, 1992. Early life Marston was born Sarah Elizabeth Holloway on the Isle of Man, to William George Washington Holloway (died February 13, 1961), an American bank clerk, and his English ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Daubert Standard
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] |
Drag (clothing)
The term "drag" refers to the performance of exaggerated masculinity, femininity, or other forms of gender expression, usually for entertainment purposes. A drag queen is someone (usually male) who performs femininity and a drag king is someone (usually female) who performs masculinity. Performances often involve comedy, social satire, and at times political commentary. The term may be used as a noun as in the expression ''in drag'' or as an adjective as in '' drag show''. __TOC__ Etymology The use of "drag" in this sense appeared in print as early as 1870Oxford English Dictionary 2012 (Online version of 1989 2nd. Edition) Accessed 11 April 2012 but its origin is uncertain. One suggested etymological root is 19th-century theatre slang, from the sensation of long skirts trailing on the floor. It may have been based on the term "grand rag" which was historically used for a masquerade ball. In folk custom Men dressed as women have been featured in certain traditional customs f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Expert Testimony
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 th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Objective Historian
A historian is a person who studies and writes about the past and is regarded as an authority on it. Historians are concerned with the continuous, methodical narrative and research of past events as relating to the human race; as well as the study of all history in time. Some historians are recognized by publications or training and experience.Herman, A. M. (1998). Occupational outlook handbook: 1998–99 edition. Indianapolis: JIST Works. Page 525. "Historian" became a professional occupation in the late nineteenth century as research universities were emerging in Germany and elsewhere. Objectivity During the ''Irving v Penguin Books and Lipstadt'' trial, people became aware that the court needed to identify what was an "objective historian" in the same vein as the reasonable person, and reminiscent of the standard traditionally used in English law of "the man on the Clapham omnibus". This was necessary so that there would be a legal benchmark to compare and contrast the scholar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
