Daubert Test Law and Legal Definition
Daubert test refers to a method used by federal courts to determine whether expert testimony is admissible under Federal Rule of Evidence 702. Daubert test was developed from a case Daubert v. Merrell Dow Pharms., 516 U.S. 869 (U.S. 1995). Under the Daubert test, a court determining the admissibility of purported expert testimony must first determine:
1.whether the reasoning or methodology underlying the testimony is scientifically valid;
2.whether that reasoning or methodology properly can be applied to the facts in issue.
When analyzing whether expert testimony is admissible under Daubert test, the court plays the role of a "gatekeeper" with the responsibility to ensure that the proposed testimony is both reliable and relevant. The burden is on the proponent of the testimony to establish its admissibility by a preponderance of proof.
Legal Definition list
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- Actus Inceptus Cujus Perfectio Pendet Ex Voluntate Partium Revocari Potest, Si Autem Pendet Ex Voluntate Tertiae Personae, Vel Ex Contingenti, Revocar
- Ad Testificandum