Question

The Daubert standard is related to the admissibility of expert testimony (expert opinions). Under the Daubert standard, the trial judge makes an assessment of whether an expert's scientific testimony is based on reasoning or methodology that is scientifically valid and can properly be applied to the facts at issue. Which of the following is NOT one of the considerations in determining whether the methodology is valid? Whether the theory or technique in question can be used and has been tested. Whether the theory or technique in question has been verified through a double-blind study that includes a control group. Whether the theory or technique has been subject to peer review and publication. Whether the theory or technique has attracted widespread acceptance within a relevant scientific community.

Answer 1

Answer is option B

B. Whether the theory or technique in question has been verified through a double-blind study that includes a control group.

There are five factors that are considered in the daubert guidelines:

- If the technique can be and has been tested

- if it has potential error rate

- if it has attracted widespread acceptance within a relevant scientific community

- if there exists standards controlling its operation

- if it subject to peer review and publication