Editing Daubert standard (section)

==Definition==
In ''Daubert'', seven members of the court agreed on the following guidelines for admitting scientific expert testimony:
*'''Judge is gatekeeper:''' Under Rule 702 of the Federal Rules of Evidence, the task of "gatekeeping", or assuring that scientific expert testimony truly proceeds from "scientific knowledge", rests on the trial judge.
*'''Relevance and reliability:'''  This requires the trial judge to ensure that the expert's testimony is "relevant to the task at hand" and that it rests "on a reliable foundation". ''Daubert v. Merrell Dow Pharms., Inc.'', 509 U.S. 579, 584-587. Concerns about expert testimony cannot be simply referred to the jury as a question of weight. Furthermore, the admissibility of expert testimony is governed by Rule 104(a), not Rule 104(b); thus, the judge must find it more likely than not that the expert's methods are reliable and reliably applied to the facts at hand.
*'''Scientific knowledge = scientific method/methodology:'''  A conclusion will qualify as ''scientific knowledge'' if the proponent can demonstrate that it is the product of sound "scientific methodology" derived from the ''[[scientific method]]''.<ref>''Daubert v. Merrell Dow Pharmaceuticals, Inc.'' (1993) 509 U.S. 579, 589.</ref>
*'''Illustrative factors:'''  The court defined "scientific methodology" as the process of formulating hypotheses and then conducting experiments to prove or falsify the hypothesis, and provided a set of illustrative factors (i.e., not a "test") in determining whether these criteria are met:
*# Whether the theory or technique employed by the expert is generally accepted in the scientific community;
*# Whether it has been subjected to peer review and publication;
*# Whether it can be and has been tested;
*# Whether it has a known error rate; and
*# Whether the research was conducted independent of the particular litigation or dependent on an intention to provide the proposed testimony.<ref>''Daubert v. Merrell Dow Pharmaceuticals, Inc.'' 43 F.3d 1311 (9th Cir. 1995)</ref>

In 2000, the Federal Rules of Evidence, Rule 702 was amended in an attempt to codify and structure elements embodied in the "''Daubert'' trilogy".<ref>{{cite web |title=Rule 702. Testimony by Expert Witnesses |work=Federal Rules of Evidence |via=Cornell Law School |url=https://www.law.cornell.edu/rules/fre/rule_702}}</ref>