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" theory or technique... can be (and has been) tested"; — Whether it "has been subjected to peer review and publication"; — Whether, in respect to a particular technique, there is a high "known or potential rate of error... "
The Human Bone Manual - Page 24
by Tim D. White, Pieter A. Folkens - 2005 - 488 pages
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Product Liability: Winning Strategies and Techniques

Richard J. Heafey, Don M. Kennedy - Products liability - 2016 - 906 pages
...Daubert standard. The analyzing expert may determine whether the proponent's view has been scientifically tested; whether it has been subjected to peer review and publication; and whether the theory or technique is generally accepted in the scientific community.17 If the proponent's...
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Forensic Psychophysiology Using the Polygraph: Scientific Truth Verification ...

James Allan Matté - Law - 1996 - 812 pages
...Many considerations will bear on the inquiry, including whether the theory or technique in question can be (and has been) tested, whether it has been subjected to peer review and publication, its known or potential error rate, and the existence and maintenance of standards controlling its operation,...
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Chemical Injury and the Courts: A Litigation Guide for Clients and Their ...

Linda Price King - Health & Fitness - 2015 - 263 pages
...Many considerations will bear on the inquiry, including whether the theory or technique in question can be (and has been) tested, whether it has been subjected to peer review and publication, its known or potential error rate, and the existence and maintenance of standards controlling its operation,...
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Examination and Cross-examination of Experts in Forensic Psychophysiology ...

James Allan Matté - Law - 2000 - 456 pages
...Many considerations will bear on the inquiry, including whether the theory or technique in question can be (and has been) tested, whether it has been subjected to peer review and publication, its known or potential error rate, and the existence and maintenance of standards controlling its operation,...
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A Guide to Forensic Testimony: The Art and Practice of Presenting Testimony ...

Fred Chris Smith, Rebecca Gurley Bace - Computers - 2003 - 560 pages
...might "bear on" a judge's gate-keeping determination. These factors include: — Whether a "theory or technique ... can be (and has been) tested"; —..."has been subjected to peer review and publication"; — Whether, in respect to a particular technique, there is a high "known or potential rate of error"...
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Descriptions and Prescriptions: Values, Mental Disorders, and the DSMs

John Z. Sadler - Health & Fitness - 2002 - 436 pages
...Court outlined to use in this assessment included a consideration of whether the underlying theory or technique can be and has been tested, whether it has been subjected to scrutiny by others in the field through peer review and publication, whether the error rate and standards...
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Retrospective Assessment of Mental States in Litigation: Predicting the Past

Robert I. Simon, Daniel W. Shuman - Medical - 2008 - 496 pages
...to the facts in issue" (at 593). Trial courts were charged to consider whether the underlying theory or technique can be and has been tested, whether it has been subjected to scrutiny by others in the field through peer review and publication, whether the error rate and standards...
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Children, Social Science, and the Law

Bette L. Bottoms, Margaret Bull Kovera, Bradley D. McAuliff - Law - 2002 - 516 pages
...list of factors for the trial court to consider: whether the expert's theory or technique can be (or has been) tested, whether it has been subjected to peer review and publication, its rate of error, and its general acceptance within the relevant scientific community. Under the Frye...
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The Age of Expert Testimony: Science in the Courtroom: Report of a Workshop

National Research Council, Policy and Global Affairs, Science, Technology, and Law Panel - Law - 2002 - 81 pages
...to the facts at issue. The judge may consider whether the theory or technique in question can be (or has been) tested, whether it has been subjected to peer review and publication, its known or potential error rate, the existence and maintenance of standards controlling its operation,...
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When Food Kills : BSE, E.coli and disaster science: BSE, E.coli and disaster ...

T. Hugh Pennington - History - 2003 - 250 pages
...he said that tests of scientific validity should include whether the theory or technique in question can be (and has been) tested, whether it has been subjected to peer review and publication, its known or potential error rate, and the existence and maintenance of standards controlling its operation,...
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