Law, precedents, court rules, civil and criminal procedure

Question 1

Daubert v. Merrell Dow Pharmaceuticals

Answer 1

Is Frye v. US the appropriate standard for admitting scientific evidence into a federal court?
No

Question 2

What are the 6 requirements under Daubert v. Merrell Dow Pharmaceuticals for scientific evidence to be admitted?

Answer 2

1) Are the methods/rationale scientifically valid?
2) Has the theory been subject to peer review or publication?
3) Can or has the theory been tested?
4) What is the theory’s or technique’s known or potential error rate
5) Are there standards that relate to the technique?
6) Is there wide-spread acceptance of the technique in the scientific community?

Question 3

Frye v. US

Answer 3

Is evidence acceptable in a federal criminal trial if not yet accepted by the scientific community?
No

Question 4

General Electric v. Joiner

Answer 4

Should an appellate court use the “abuse of discretion” standard in reviewing a trial court’s decision to admit or exclude expert testimony?
Yes

Question 5

Kumho Tire Co. v. Carmichael

Answer 5

Does the Daubert decision apply to testimony from engineers and nonscientific testimony?
Yes