In a federal trial, a party offers the testimony of a scientific expert. In its gatekeeping role under Federal Rule of Evidence 702, which of the following is a principal factor the court must consider when determining if the expert's methodology is reliable?
Whether the expert's opinion will be dispositive of the ultimate issue in the case.
The general acceptance of the expert's ultimate conclusion within the legal community.
Whether the methodology has been tested and subjected to peer review and publication.
The expert's experience and qualifications in the relevant field.
Under Federal Rule of Evidence 702 and the standard set in Daubert v. Merrell Dow Pharmaceuticals, Inc., a trial judge acts as a gatekeeper to ensure expert testimony is both relevant and reliable. To assess reliability, the court considers several factors. These include whether the expert's theory or technique can be (and has been) tested, whether it has been subjected to peer review and publication, the known or potential rate of error, the existence of standards controlling the technique's operation, and whether the methodology has gained general acceptance within the relevant scientific community. The expert's qualifications are a threshold issue for admissibility but do not, by themselves, establish the reliability of the specific methodology used. Whether the testimony addresses an ultimate issue is governed by FRE 704 and is separate from the reliability analysis. Finally, the acceptance of a conclusion by the legal community is not the standard; it is the acceptance of the methodology by the relevant expert community that matters.
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