Table 1

Factors Governing the Admissibility of Expert Evidence in Four Cases

FryeMohanDaubertJ. (L.‐J.)
General acceptabilityRelevance NecessityRelevance Necessity
Absence of exculpatory rule Properly qualified expertWhether the theory or technique can be and has been tested
Whether the theory or technique has been subjected to peer review and publicationAbsence of exclusionary ruleProperly qualified expert
The known or potential rate of error or the existence of standardsWhether the theory or technique can be and has been tested
Whether the theory or technique used has been generally acceptedWhether the theory or technique has been subjected to peer review and publication
The known or potential rate of error or the existence of standards
Whether the theory or technique used has been generally accepted