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Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), is a United States Supreme Court case determining the standard for admitting expert testimony in federal courts. In Daubert , the Court held that the enactment of the Federal Rules of Evidence implicitly overturned the Frye standard ; the standard that the Court articulated is referred to ...
General Electric Co. v. Joiner (1997), [1] 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 standard for appellate courts to use in reviewing a trial court's decision ...
Under Daubert, certain factors contribute to the reliability, and hence the admissibility, of expert testimony, one of which is the general validity of the expert's methods. The district court found the tire expert's methods not to be scientifically valid, and hence excluded his testimony. This resulted in a conclusion that Kumho Tire would ...
If qualified by the court, then the expert may testify "in the form of an opinion or otherwise" so long as: "(1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case."
Eyewitness testimony is the account a bystander or victim gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. Ideally this recollection of events is detailed; however, this is not always the case.
A problem with Daubert is that the presiding judge may admit testimony which derives from highly contested data. The judge may expand the limits contained in the "school of thought" precedent. Papers that are self-published may be admitted as the basis for expert testimony. Non-peer reviewed journals may also be admitted in similar fashion.
In the law, testimony is a form of evidence in which a witness makes a "solemn declaration or affirmation ... for the purpose of establishing or proving some fact". [3] ...
Peer groups provide an influential social setting in which group norms are developed and enforced through socialization processes that promote in-group similarity. [41] Peer groups' cohesion is determined and maintained by such factors as group communication, group consensus, and group conformity concerning attitude and behavior. As members of ...