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Daubert's ruling was established in 1993 under the case of Daubert vs. Merrell Dow Pharmaceuticals, Inc. It relates to expert testimony and how the judge should determine the validity of the expert witness. There are five guidelines which a judge can use to help guide their decision:

1. Has the technique been tested?

2. Has it been subjected to peer review and publication?

3. What is its known or potential error rate?

4. Are standards controlling the technique in place and maintained?

5. Is it generally accepted in the relevant scientific community?

While not a rubric that must be followed to the 't,' Daubert's ruling provides a good starting point to consider when faced with expert testimony.

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