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Daubert Standard, ''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, motion ''in limine'' raised before or during trial, to exclude the presentation of unqualified evidence (law), evidence to the jury. The ''Daubert'' trilogy are the three Supreme Court of the United States, 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, ''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 p ... [...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, midwifery, 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 witne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Florida
The Supreme Court of Florida is the state supreme court, highest court in the U.S. state of Florida. It consists of seven justices—one of whom serves as Chief Justice. Six members are chosen from six districts around the state to foster geographic diversity, and one is selected at large. The justices are appointed by the governor of Florida, governor to set terms, which do not exceed six years. Immediately after appointment, the initial term is three years or less because the justices must appear on the ballot in the next general election that occurs more than one year after their appointment. Afterward, they serve six-year terms and remain in office if retained in the general election near the end of each term. Citizens vote on whether or not they want to retain each justice in office. Chief justices are elected by the members of the Court to two-year terms that end in every even-numbered year. Chief justices may succeed themselves in office if they are re-elected by the ot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Rehnquist
William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American attorney who served as the 16th chief justice of the United States from 1986 until his death in 2005, having previously been an associate justice from 1972 to 1986. Considered a staunch conservative, Rehnquist favored a conception of federalism that emphasized the Tenth Amendment's reservation of powers to the states. Under this view of federalism, the Court, for the first time since the 1930s, struck down an act of Congress as exceeding its power under the Commerce Clause. Rehnquist grew up in Milwaukee, Wisconsin, and served in the U.S. Army Air Forces from 1943 to 1946. Afterward, he studied political science at Stanford University and Harvard University, then attended Stanford Law School, where he was an editor of the '' Stanford Law Review'' and graduated first in his class. Rehnquist clerked for Justice Robert H. Jackson during the Supreme Court's 1952–1953 term, then entered private pra ... [...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 has 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. It is also known as the onus of proof. 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
RAND Corporation
The RAND Corporation, doing business as RAND, is an American nonprofit global policy think tank, research institute, and public sector consulting firm. RAND engages in research and development (R&D) in several fields and industries. Since the 1950s, RAND research has helped inform United States policy decisions on a wide variety of issues, including the Cold War space race, the U.S. involvement in the Vietnam War, the U.S.–Soviet nuclear arms confrontation, the creation of the Great Society social welfare programs, and national health care. RAND originated as "Project RAND" (from the phrase "research and development") in the post-war period immediately after World War II. The U.S. Army Air Forces established Project RAND with the objective of investigating long-range planning of future weapons. Douglas Aircraft Company was granted a contract to research intercontinental warfare. Project RAND later evolved into RAND, and expanded its research into civilian fields suc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Junk Science
Junk science is spurious or fraudulent scientific data, research, or analysis. 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. In some contexts, junk science is counterposed to the "sound science" or "solid science" that favors one's own point of view. Junk science has been criticized for undermining public trust in real science. Junk science is not the same as pseudoscience. Definition Junk science has been defined as: * " ... [...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. Online access to this source requires a subscription to JSTOR or the Oxford Academic database operated by Oxford University Press. 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 w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Toxic Tort
A toxic tort claim is a specific type of personal injury lawsuit in which the plaintiff claims that exposure to a chemical or dangerous substance caused the plaintiff's injury or disease. Place of exposure People may be exposed to toxic chemicals or similar dangerous substances from pharmaceutical products, consumer products, the environment, or in the home or at work. Many toxic tort cases arise either from the use of medications, or through exposure at work. Occupational exposure There have also been many occupational toxic tort cases, because industrial and other workers are often chronically exposed to toxic chemicals - more so than consumers and residents. Thousands of toxic chemicals are used in industry and workers in these areas can experience a variety of toxic injuries. Unlike the general population, which is exposed to trace amounts of thousands of different chemicals in the environment, industrial workers may be regularly exposed to much higher levels of chemical ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pseudoscience
Pseudoscience consists of statements, beliefs, or practices that claim to be both scientific and factual but are incompatible with the scientific method. Pseudoscience is often characterized by contradictory, exaggerated or unfalsifiable claims; reliance on confirmation bias rather than rigorous attempts at refutation; lack of openness to evaluation by other experts; absence of systematic practices when developing hypotheses; and continued adherence long after the pseudoscientific hypotheses have been experimentally discredited. It is not the same as junk science. The demarcation between science and pseudoscience has scientific, philosophical, and political implications. Philosophers debate the nature of science and the general criteria for drawing the line between scientific theories and pseudoscientific beliefs, but there is widespread agreement "that creationism, astrology, homeopathy, Kirlian photography, dowsing, ufology, ancient astronaut theory, Holocaust den ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Polygraph
A polygraph, often incorrectly referred to as a lie detector test, is a pseudoscientific 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. Some United States law enforcement and federal government agencies, as well as many police departments, use polygraph examinations to interrogate suspects and screen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Voir Dire
(; often ; from an Anglo-Norman term in common law meaning "to speak the truth") is a legal term for procedures during a trial that help a judge decide certain issues: * Prospective jurors are questioned to decide whether they can be fair and impartial. * Witnesses are questioned to decide their competence to testify. * Witnesses are questioned to decide the admissibility of evidence. Etymology From Old French ' "true" (from Latin ' "true," from Proto-Indo-European language">PIE root ''*were-o-'' "true, trustworthy") and from Old French ' "to say" (from Latin ' "speak, tell, say," from PIE root ''*deik-'' "to show," also "pronounce solemnly"). It originally referred to an oath taken by jurors to tell the truth (). It comes from the Anglo-Norman language. Historic use In earlier centuries, a Peremptory challenge, challenge to a particular juror would be tried by other members of the jury panel, and the challenged juror would take an oath of ''voir dire'', meaning to tell ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discovery (law)
Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain Evidence (law), evidence from other parties. This is by means of methods of discovery such as interrogatories, Request for production, requests for production of documents, request for admissions, requests for admissions and Deposition (law), depositions. Discovery can be obtained from nonparties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. Conversely, a party or nonparty resisting discovery can seek the assistance of the court by filing a motion for a protective order. History Discovery evolved out of a unique feature of early Equity (law), equitable pleading procedure before the English Court of Chancery: among various requirements, a plaintiff's bill in equity was required to plead "positions". These we ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
