...Daubert standard. The analyzing expert may determine whether the proponent's view has been scientifically tested; whether it has been subjected to peer review and publication; and whether the theory or technique is generally accepted in the scientific community.17 If the proponent's...

...Many considerations will bear on the inquiry, including whether the theory or technique in question can be (and has been) tested, whether it has been subjected to peer review and publication, its known or potential error rate, and the existence and maintenance of standards controlling its operation,...

...Many considerations will bear on the inquiry, including whether the theory or technique in question can be (and has been) tested, whether it has been subjected to peer review and publication, its known or potential error rate, and the existence and maintenance of standards controlling its operation,...

...Many considerations will bear on the inquiry, including whether the theory or technique in question can be (and has been) tested, whether it has been subjected to peer review and publication, its known or potential error rate, and the existence and maintenance of standards controlling its operation,...

...might "bear on" a judge's gate-keeping determination. These factors include: — Whether a "theory or technique ... can be (and has been) tested"; —..."has been subjected to peer review and publication"; — Whether, in respect to a particular technique, there is a high "known or potential rate of error"...

...Court outlined to use in this assessment included a consideration of whether the underlying theory or technique can be and has been tested, whether it has been subjected to scrutiny by others in the field through peer review and publication, whether the error rate and standards...

...to the facts in issue" (at 593). Trial courts were charged to consider whether the underlying theory or technique can be and has been tested, whether it has been subjected to scrutiny by others in the field through peer review and publication, whether the error rate and standards...

...list of factors for the trial court to consider: whether the expert's theory or technique can be (or has been) tested, whether it has been subjected to peer review and publication, its rate of error, and its general acceptance within the relevant scientific community. Under the Frye...

...to the facts at issue. The judge may consider whether the theory or technique in question can be (or has been) tested, whether it has been subjected to peer review and publication, its known or potential error rate, the existence and maintenance of standards controlling its operation,...

...he said that tests of scientific validity should include whether the theory or technique in question can be (and has been) tested, whether it has been subjected to peer review and publication, its known or potential error rate, and the existence and maintenance of standards controlling its operation,...