Author Question: Standards for the admissibility of scientific or technical evidence currently have to pass the ... (Read 51 times)

vicotolentino · **on:** Aug 23, 2018

Standards for the admissibility of scientific or technical evidence currently have to pass the Daubert test, or some state standard of measure. Explain the Daubert test and the historical predecessor, Frye standard.

Conclude as to how these standards are becoming more and more important.

Question 2

There are four main federal court systems discussed in the textbook: the district court, the circuit court or appellate court, federal bankruptcy court, and the federal Supreme Court.

Discuss the key characteristics of each of the federal court systems.

asdfasdf · **Reply #1 on:** Aug 23, 2018

Answer to Question 1

The Frye standard required a preliminary determination that the testimony would assist the trier of fact, through an assessment of the reasoning and methodology behind the technological or scientific evidence and its application to the fact in question. This standard was ineffective and the 1975 Federal Rules of Evidence attempted to solve some of the problems. The Daubert test allowed judges to evaluate the testimony of expert witnesses in order to determine the relevancy, reliability and ultimately the admissibility. The Daubert test also applied to all expert testimony. The Daubert test broadened the scope and granted more authority directly to the judge, this has a substantial impact due to the fast-paced advancement of technology. Expert testimony is on the rise.

Answer to Question 2

The federal district courts have general jurisdiction and authority to hear civil and criminal federal cases, and serve as the trial courts for the federal system. Currently, 94 district courts exist. Today, 13 circuit courts exist and they have jurisdiction of appeals of special cases. As a rule, hearings are presented before a three-judge panel. The federal court system is solely responsible for the hearing of bankruptcy cases, and such cases may not be foiled in a state court. The federal Supreme Court is considered the court of last resort and has original jurisdiction in cases involving suits between states, suits involving a foreign citizen, and suits between the federal government and a state. The federal Supreme Court caseload consists primarily of appeals and often involve constitutional issues. To be placed on the Supreme Court docket the case must receive at least four affirmative votes.