Daubert V. Merrell Dow Pharmaceuticals, Inc.
''Daubert v. Merrell Dow Pharmaceuticals, Inc.'' ( ), 509 U.S. 579 (1993), is a United States Supreme Court case determining the standard for admitting expert testimony in federal courts. In ''Daubert'', the Court held that the enactment of the Federal Rules of Evidence implicitly overturned the ''Frye'' standard; the standard that the Court articulated is referred to as the ''Daubert'' standard. Facts Jason Daubert and Eric Schuller were born with serious birth defects. They and their parents sued Merrell Dow Pharmaceuticals Inc., a subsidiary of Dow Chemical Company, in a California District Court, claiming that the drug Bendectin had caused the birth defects. Merrell Dow removed the case to federal court, and then moved for summary judgment because their expert submitted documents showing that no published scientific study demonstrated a link between Bendectin and birth defects in humans. Daubert and Schuller submitted expert evidence of their own that suggested that Bende ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Lawyers' Edition
The ''United States Supreme Court Reports, Lawyers' Edition'', or ''Lawyers' Edition'' (L. Ed. and L. Ed. 2d in case citations), is an unofficial law report, reporter of Supreme Court of the United States Judicial opinion, opinions. The ''Lawyers' Edition'' was established by the Lawyers Cooperative Publishing Company of Rochester, New York in 1882, and features coverage of Supreme Court decisions going back to 1790. The first ''Lawyers' Edition'' series corresponds to the official ''United States Reports'' from United States Reports, volume 1, volume 1 to List of United States Supreme Court cases, volume 351, volume 351, whereas the second series contains cases starting from the official reporter List of United States Supreme Court cases, volume 352, volume 352. It is currently published by LexisNexis. The ''Lawyers' Edition'' differs from the official reporter in that the editors write headnotes and case summaries, as well as provide annotations to some cases, and decisions are ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Bendectin
Pyridoxine/doxylamine, sold under the brand name Diclectin among others, is a combination of pyridoxine hydrochloride ( vitamin B6) and doxylamine succinate. It is generally used for nausea and vomiting of pregnancy (morning sickness); even though its efficacy has not been proven and subsequent research has led to the removal of recommendations in medical journals. Medical uses The combination of pyridoxine, commonly referred to as vitamin B6 and doxylamine may be effective for the management of nausea and vomiting of pregnancy, but it is only recommended for use in a small number of cases after lifestyle, diet and vitamin B6. A 2018 review found the benefit was small. Doxylamine and pyridoxine are pregnancy compatible drugs,Briggs GG, Freeman RK. Drugs in Pregnancy and Lactation: A Reference Guide to Fetal and Neonatal Risk, 10th edition. 2015. Published by: Wolters Kluwer Health. consistent with FDA's safety assessment of the combination product. They have been categorize ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Daubert Standard
In United States federal law, the ''Daubert'' standard ( ) is a rule of evidence regarding the admissibility of expert witness testimony. A party may raise a ''Daubert'' motion, a special motion ''in limine'' raised before or during trial, to exclude the presentation of unqualified evidence to the jury. The ''Daubert'' trilogy are the three United States Supreme Court cases that articulated the ''Daubert'' standard: *'' Daubert v. Merrell Dow Pharmaceuticals, Inc.'' (1993), which held that Rule 702 of the Federal Rules of Evidence did not incorporate the ''Frye'' standard as a basis for assessing the admissibility of scientific expert testimony, but that the rule incorporated a flexible reliability standard instead; *'' General Electric Co. v. Joiner'' (1997), which held that a district court judge may exclude expert testimony when there are gaps between the evidence relied on by an expert and that person's conclusion, and that an abuse-of-discretion standard of review is the pro ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Kumho Tire Co , a South Korean tire manufacturer separated from Kumho Asiana Group after it was sold to Double Star in 2018
{{disambiguation ...
Geumho, Kumho, or Kǔmho () may refer to: * Kumho (South Hamgyong), North Korea * Geumho River, Gyeongsangbuk-do, South Korea * Geumho-eup, a town in Yeongcheon, North Gyeongsang, South Korea * Geumho-dong, Seungdong-gu, Seoul, South Korea * Geumho Station, Seoul Metro station in Geumho-dong, Seungdong-gu, Seoul, South Korea Companies * Kumho Asiana Group, a South Korean conglomerate * Kumho Petrochemical and subsidiaries, a South Korean conglomerate spun off from the Kumho Asiana Group * Kumho Tire Kumho Tire (formerly known as Samyang Tire) is a South Korean tire manufacturer. Kumho Tire was previously operated as a business unit of the Kumho Asiana Group. Since 2018, it is a subsidiary of Chinese tire conglomerate Doublestar. Operation ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Falsifiability
Falsifiability (or refutability) is a deductive standard of evaluation of scientific theories and hypotheses, introduced by the Philosophy of science, philosopher of science Karl Popper in his book ''The Logic of Scientific Discovery'' (1934). A Scientific theory, theory or hypothesis is falsifiable if it can be logically contradicted by an empirical test. Popper emphasized the asymmetry created by the relation of a universal law with basic observation statements and contrasted falsifiability to the intuitively similar concept of Verifiability (science), ''verifiability'' that was then current in logical positivism. He argued that the only way to verify a claim such as "All swans are white" would be if one could theoretically observe all swans, which is not possible. On the other hand, the falsifiability requirement for an anomalous instance, such as the observation of a single black swan, is theoretically reasonable and sufficient to logically falsify the claim. Popper propo ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Karl Popper
Sir Karl Raimund Popper (28 July 1902 – 17 September 1994) was an Austrian–British philosopher, academic and social commentator. One of the 20th century's most influential philosophers of science, Popper is known for his rejection of the classical inductivist views on the scientific method in favour of Falsifiability, empirical falsification, and for founding the Department of Philosophy at the London School of Economics. According to Popper, a theory in the empirical sciences can never be proven, but it can be falsified, meaning that it can (and should) be scrutinised with decisive experiments. Popper was opposed to the classical Justification (epistemology), justificationist account of knowledge, which he replaced with "the first non-justificational philosophy of criticism in the history of philosophy", namely critical rationalism. In political discourse, he is known for his vigorous defence of liberal democracy and the principles of social criticism that he believed mad ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Science
Science is a systematic discipline that builds and organises knowledge in the form of testable hypotheses and predictions about the universe. Modern science is typically divided into twoor threemajor branches: the natural sciences, which study the physical world, and the social sciences, which study individuals and societies. While referred to as the formal sciences, the study of logic, mathematics, and theoretical computer science are typically regarded as separate because they rely on deductive reasoning instead of the scientific method as their main methodology. Meanwhile, applied sciences are disciplines that use scientific knowledge for practical purposes, such as engineering and medicine. The history of science spans the majority of the historical record, with the earliest identifiable predecessors to modern science dating to the Bronze Age in Ancient Egypt, Egypt and Mesopotamia (). Their contributions to mathematics, astronomy, and medicine entered and shaped the Gree ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Pseudoscience
Pseudoscience consists of statements, beliefs, or practices that claim to be both scientific and factual but are incompatible with the scientific method. Pseudoscience is often characterized by contradictory, exaggerated or unfalsifiable claims; reliance on confirmation bias rather than rigorous attempts at refutation; lack of openness to evaluation by other experts; absence of systematic practices when developing hypotheses; and continued adherence long after the pseudoscientific hypotheses have been experimentally discredited. It is not the same as junk science. The demarcation between science and pseudoscience has scientific, philosophical, and political implications. Philosophers debate the nature of science and the general criteria for drawing the line between scientific theories and pseudoscientific beliefs, but there is widespread agreement "that creationism, astrology, homeopathy, Kirlian photography, dowsing, ufology, ancient astronaut theory, Holocaust den ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Junk Science
Junk science is spurious or fraudulent scientific data, research, or analysis. The concept is often invoked in political and legal contexts where facts and scientific results have a great amount of weight in making a determination. It usually conveys a pejorative connotation that the research has been untowardly driven by political, ideological, financial, or otherwise unscientific motives. The concept was popularized in the 1990s in relation to expert testimony in civil litigation. More recently, invoking the concept has been a tactic to criticize research on the harmful environmental or public health effects of corporate activities, and occasionally in response to such criticism. In some contexts, junk science is counterposed to the "sound science" or "solid science" that favors one's own point of view. Junk science has been criticized for undermining public trust in real science. Junk science is not the same as pseudoscience. Definition Junk science has been defined as: * " ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Polygraph
A polygraph, often incorrectly referred to as a lie detector test, is a pseudoscientific device or procedure that measures and records several physiological indicators such as blood pressure, pulse, respiration, and skin conductivity while a person is asked and answers a series of questions. The belief underpinning the use of the polygraph is that deceptive answers will produce physiological responses that can be differentiated from those associated with non-deceptive answers; however, there are no specific physiological reactions associated with lying, making it difficult to identify factors that separate those who are lying from those who are telling the truth. In some countries, polygraphs are used as an interrogation tool with criminal suspects or candidates for sensitive public or private sector employment. Some United States law enforcement and federal government agencies, as well as many police departments, use polygraph examinations to interrogate suspects and screen ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Systolic Blood Pressure
Blood pressure (BP) is the pressure of circulating blood against the walls of blood vessels. Most of this pressure results from the heart pumping blood through the circulatory system. When used without qualification, the term "blood pressure" refers to the pressure in a brachial artery, where it is most commonly measured. Blood pressure is usually expressed in terms of the systolic pressure (maximum pressure during one heartbeat) over diastolic pressure (minimum pressure between two heartbeats) in the cardiac cycle. It is measured in millimetres of mercury (mmHg) above the surrounding atmospheric pressure, or in kilopascals (kPa). The difference between the systolic and diastolic pressures is known as pulse pressure, while the average pressure during a cardiac cycle is known as mean arterial pressure. Blood pressure is one of the vital signs—together with respiratory rate, heart rate, oxygen saturation, and body temperature—that healthcare professionals use in evaluating ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
United States Court Of Appeals For The District Of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. courts of appeals, and it covers only the United States District Court for the District of Columbia, U.S. District Court for the District of Columbia. It meets at the E. Barrett Prettyman United States Courthouse in Washington, D.C., Washington, DC. The D.C. Circuit is often considered to be second only to the United States Supreme Court, U.S. Supreme Court in status and prestige, and it is sometimes unofficially termed "the second highest court in the land". Because its jurisdiction covers the District of Columbia, it tends to be the main federal appellate court for issues of U.S. United States administrative law, administrative law and United States constitutional law, constitutional law. Four of the nine current Supreme Court justices were previously judg ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |