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According to Daubert, to Determine If Testimony Is Based on Scientific

Question 18

Multiple Choice

According to Daubert, to determine if testimony is based on scientific or technical knowledge, the trial judge needs first to conduct a "preliminary assessment of whether the reasoning or methodology underlying the testimony is scientifically valid" and then assess "whether that reasoning or methodology properly can be applied to the facts in issue."
To help with this, the Court listed five "considerations"
That might be examined, including all of the following, except:


A) Whether it can be and has been tested
B) Whether the theory or technique has been subjected to peer review and publication
C) Known or potential rate of error
D) Standarization rate
E) Degree of general acceptance within relevant scientific community

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