Assignment: Daubert Paper: Expert Witness Testimony Purpose To assess your ability to analyze and...

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Assignment: Daubert Paper: Expert Witness Testimony Purpose To assess your ability to analyze and apply the materials assigned for Week 2. Overview The preparation of an effective and efficient...

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Assignment: Daubert Paper: Expert Witness Testimony

Purpose

To assess your ability to analyze and apply the materials assigned for Week 2.

Overview

The preparation of an effective and efficient research paper requires a thorough analysis of the issue (i.e., the facts) and the authoritative rule (i.e., statement or regulation) to determine an appropriate conclusion. To accomplish this in this assignment, you will be producing a research paper that is structured utilizing the I.R.A.C. method (the I.R.A.C) attachment explains further). I.R.A.C. is an acronym for:

· Issue(s)

· Rule(s)

· Analysis

· Conclusion

Action Items

1. Review the case, Extending Daubert Beyond Scientific Expert Testimonyand access the "Extending Daubert Beyond Scientific Expert Testimony" document. The information in this document can be used to help conduct the research necessary to effectively complete this assignment (the documents are attached).

2. Develop a double-spaced, 12 point font, 5 to 7 page paper on the Daubert standard governing expert testimony. Structure your paper as follows:

a. Summarize the Daubert Standard as developed from the case Daubert v. Merrell Dow Pharmaceuticals.

b. Summarize the current state of the Daubert Standard (i.e., briefly describe any factors/cases/events that have either strengthened or weakened the Daubert Standard since its inception after Daubert v. Merrell Dow Pharmaceuticals).

c. Perform an I.R.A.C. analysis on two cases that utilize the Daubert Standard to determine the admissibility of an expert witness's testimony. Organize each of your analyses into the following structure:

· Issue: Based on the facts of the case, identify and state the expert testimony issues and/or problems applicable to the case.

· Rule: Research and briefly state the expert testimony guidelines/rules that apply to the issues and/or problems presented in the case.

· Analysis: Apply the case facts to the expert testimony guidelines/rules and provide an in-depth analysis of how to resolve the issues/problems. Additionally, indicate the pros and cons of various actions that could be taken by the parties involved.

· Conclusion: State your conclusion (i.e., decision) based upon the results of your analysis. Be sure to fully explain why you chose this conclusion.

d. Throughout your paper, be sure to use proper APA citation and references. Except for direct quotes, remember to put the paper in your own words and properly cite the source(s) where the information was obtained.

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Answered Same Day Dec 26, 2021

Robert · Accepted Answer

Facts of the case:
· Carmichael's minivan suffered a blowout of the right rear tire.
· Carmichael and family brought suit against Kumho Tire, which manufactured the tire that caused the accident. 
· Experts views was that a tire defect was likely responsible for the blowout.
· The trial judge when found that on the Daubert factors that tyre testimony did not have sign of “over deflection”
· The U.S. Supreme Court ruled that the trial judge was correct in applying the Daubert principles. In accordance with Federal Rule of Evidence 702, a trial judge must determine whether expert testimony that "reflects scientific, technical or other specialized knowledge" has a "reliable basis in the knowledge and experience of [the relevant] discipline"
· The Supreme Court supported the trial judge who concluded that the expert's methodology failed to "satisfy either Daubert's factors or any other set of reasonable reliability criteria"
· In the argument of the trial judge, psychological testimony was ignored and totally case concluded on the basis of the Daubert’s factors. Which only take the scientific methods, the scientific method involves posing well-reasoned hypotheses, collecting appropriate data, and testing the hypotheses at professionally acceptable error rates.   
Arguments of parties
The following complaints can be arises around the given case:
(1) Carmichael's minivan suffered a blowout of the right rear tire:
Due to the defect in the right rear tire, Carmichael’s minivan suffered a blowout and during this accident he was Carmichael’s was himself driving the car along with the several passengers.
(2) Due to accident, death and injury done:
When the accident happened, one of the passengers was died and many of them were injured. Due to this event, a family lost his members while many of them hurts from the accident, so that it should not only look at the point of the Daubert’s factors but also important to have a proper implications of the psychology and its impact on person of the dyed person’s family members and injured people physical issues during the court case.
(3) Trial court excluded the excluded the tire expert's testimony:
Due to the Daubert’s factors trial court was excluded the expert’s opinion that it was blowout tire due to issues in the Kumho Tire,

Assignment: Daubert Paper: Expert Witness Testimony Purpose To assess your ability to analyze and apply the materials assigned for Week 2. Overview The preparation of an effective and efficient...

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