Frye vs Daubert Flashcards
Which Federal Rule of Evidence applies to the Daubert Standard?
Rule 702
What does Federal Rule of Evidence 702 apply to?
testimony by expert witnesses
In Federal Rule 702 and the Daubert Standard, what is the role of the judge?
The judge is gatekeeper of scientific evidence
When did the Frye standard originate and what was the case?
1923, Frye v. United States
When did the Daubert standard originate?
1993, Daubert v. Merrell Dow Pharmaceuticals
What is the difference in terms of the judge’s role between the Frye Standard and Daubert Standard?
In the Frye Standard, the judge is gatekeeper, but relies primarily on scientific community. In the Daubert Standard, the judge is gatekeeper and has broader discretion in assessing expert witness testimony
Which standard focuses on whether a scientific technique or methodology has been generally accepted by the relevant scientific community?
a) Frye Standard
b) Daubert Standard
c) Both
d) Neither
a) Frye Standard
Which standard emphasizes the trial judge’s role as the gatekeeper in determining the admissibility of expert testimony?
a) Frye Standard
b) Daubert Standard
c) Both
d) Neither
b) Daubert Standard
Under the Daubert Standard, what criteria are used by the judge to determine the reliability and relevance of expert testimony?
a) Peer review, publication, error rate, and acceptance
b) Scientific consensus, community acceptance, and tradition
c) Judicial precedent, witness credibility, and testimony length
d) Expert’s professional experience and credentials
a) Peer review, publication, error rate, and acceptance
In which case did the Supreme Court establish the Daubert Standard as the new rule for admissibility of expert testimony in federal courts?
a) Frye v. United States
b) Daubert v. Merrell Dow Pharmaceuticals, Inc.
c) United States v. Kemp
d) Miranda v. Arizona
b) Daubert v. Merrell Dow Pharmaceuticals, Inc.
The Frye Standard is often referred to as the “general acceptance test” and originated from which court case?
a) Daubert v. Merrell Dow Pharmaceuticals, Inc.
b) Miranda v. Arizona
c) Frye v. United States
d) Roe v. Wade
c) Frye v. United States
Which standard places more emphasis on the scientific validity and reliability of the evidence?
a) Frye Standard
b) Daubert Standard
c) Both
d) Neither
b) Daubert Standard
Under the Frye Standard, what determines the admissibility of expert testimony?
a) Peer review and publication
b) Judicial discretion
c) General acceptance within the scientific community
d) Witness credibility
c) General acceptance within the scientific community
Which standard allows for a more flexible approach to the admissibility of expert testimony?
a) Frye Standard
b) Daubert Standard
c) Both
d) Neither
b) Daubert Standard
The Daubert trilogy consists of which three landmark cases decided by the Supreme Court?
a) Daubert v. Merrell Dow Pharmaceuticals, Inc., Kumho Tire Co. v. Carmichael, and General Electric Co. v. Joiner
b) Frye v. United States, Miranda v. Arizona, and Roe v. Wade
c) United States v. Kemp, Terry v. Ohio, and Gideon v. Wainwright
d) United States v. Leon, Brown v. Board of Education, and Roe v. Wade
a) Daubert v. Merrell Dow Pharmaceuticals, Inc., Kumho Tire Co. v. Carmichael, and General Electric Co. v. Joiner
