Criminal Justice

Case Brief: Daubert v. Merrell Dow Pharmaceuticals (92-102), 509 U.S. 579 (1993) Facts: Jason Daubert and Eric Schuler, minor children (Plaintiffs), suffered sleeve reduction sport defects. They claim that the defects were caused when their mothers ingested Bendectin, an anti-nausea prescription drug manu particularured by Merrell Dow Pharmaceuticals, Inc. (Defendant), go they were heavy(predicate). correspond to the Plaintiffs dears, the drug manu concomitantured by the Defendant caused the deformities. However, the volume of the scientific field does not agree that the drug causes limb deformities and the federal official Drug Authority (FDA) continues to approve of its use in pregnant women. Question(s): Was the quick-witted affirmation offered by the Plaintiffs witnesses admittable? Did the honorable witnesses go steady the measurings required under Federal ruler of demonstration 702 (Rule 702)? Holding(s): The Plaintiffs expert testimony did not meet the steps provided in Rule 702 and indeed is not admissible. Opinion: Justice Harry Blackmun When it comes to expert testimony and scientific guess, it is challenging for the speak tos to conclude what a fact is and what a scientific hypothesis admissible in woo is. Therefore, Rule 702 of the Federal Rules of Evidence defines the standard.

Rule 702 is now the standard for admitting expert scientific testimony. Under Rule 702, there argon several factors to consider when determining whether expert testimony is admissible: 1.Whether the theory is generally accepted in the scientific acquaintance; 2.Wheth er the theory/method has been subjected to p! eer review and publication; 3.Whether the theory/method has been tried and true or can be tested; and 4.Whether the potential or known rate of error is acceptable. It is the greets obligation to resolve disputes among the respected and credentialed scientists about matters at bottom the scientists expertise and to discard testimony if it is not obtained by the scientific method. If expert testimony is...If you want to get a broad(a) essay, secernate it on our website: OrderCustomPaper.com

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