which is not one of the daubert factors? group of answer choices the theory's known or potential error rate all are daubert factors. whether the theory existed before litigation began. whether the theory or technique in question can be and has been tested. the theory has attracted widespread acceptance.

Respuesta :

In establishing whether a methodology is valid, the Daubert standard lists the variables that may be taken into account.

What are the 5 Daubert factors?

A trial judge will utilize the Daubert standard to determine whether an expert witness's testimony is supported by scientifically sound reasoning that can be properly applied to the relevant facts.

The criteria are used following the filing of a Daubert motion to strike, also known as a move in limine, before or during the trial to prevent the jury from hearing unqualified evidence. It should be noted that the courts have determined that the Daubert standard, which governs the admissibility of expert testimony, is procedural and hence applies in the past.

When assessing whether expert testimony is admissible under Daubert, the Court takes into account four factors:

  • whether the hypothesis can and has been tested.
  • whether it has undergone peer review.
  • the known or predicted rate of error.
  • whether the theory or methodology used is generally accepted in the relevant scientific community.

The complete question is:

Which is not one of the Daubert factors?

a. Whether the theory existed before litigation began.

b. Whether the theory or technique in question can be and has been tested.

c. The theory's known or potential error rate.

d. The theory has attracted widespread acceptance.

e. All are Daubert factors.

Therefore the correct answer is option e) All are Daubert factors.

To learn more about Daubert factors refer to:

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