Legal: Practice Question

Which of the following is defined by the statement: Deductions based on scientific principles or discoveries must be sufficiently established to have gained general acceptance in the particular field in which it belongs.
  1. The Frye standard
  2. Rule 702
  3. The Daubert standard
  4. Subpoena duces tecum
  5. Respondeat superior
Show Answer and Explanations

The Frye standard — Correct answer

Correct. The Frye standard states scientific principles must be sufficiently established to have gained general acceptance in the particular field in which it belongs.

Rule 702

Incorrect. Rule 702 of the Federal Rules of Evidence are more flexible than the Frye standard. Rule 702 states that an expert may give an opinion if 1. The expert's knowledge will help to understand a fact or evidence, 2. The testimony is based on sufficient data, 3. The testimony is based on reliable principles, and 4. The expert has reliably applied the principles to the case.

The Daubert standard

Incorrect. The Daubert standard states that the admissibility of scientific evidence is the responsibility of the judge.

Subpoena duces tecum

Incorrect. A writ requiring a person to appear in court to give testimony, and to bring documents, books, or other things for the court is a subpoena duces tecum.

Respondeat superior

Incorrect. The legal doctrine respondeat superior refers to the employer being responsible for the actions of employees performed in the normal course of duties during their employment.

Summary

Summary: The Frye standard states scientific principles must be sufficiently established to have gained general acceptance in the particular field in which it belongs.
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