Substantive Scientific Testimony

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How a Federal Court Decides On the Admissibility of Scientific Testimony

Both substantive law and procedural law application play a part in establishing whether a scientific testimony will be allowed in a federal court. The substantive law establishes whether the scientific theory in question is connected with a case in an important and acceptable way. On the other hand, the procedural law determines whether a scientific testimony has enough basis for it to be deemed useful in establishing factual and legal issues in a court case. Federal courts apply the substantive laws of the states that they are in. Since substantive laws vary from state to state, the admissibility of scientific testimony about substantive law also depends on that
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According to Hodgson and Dearborn, they pointed out that though human evidence of an association between mycotoxins and human health is anecdotal and based on case reports and series, the standards generally regarded as evidence in environmental medicine are met, including controlled studies in animals, the development of animal models with diseases that parallel the human experience, and studies of the mycotoxins at subcellular levels (Hodgson and Dear born, 2002 and references therein). There is a need for physical examinations and diagnostic as environmental-related. For example, S. chartarum produces tricothecene mycotoxins that produce a deadly cytotoxic syndrome by shutting down protein synthesis when concentrated. They are unique among biological toxins relative to chemical toxins. Trichothecene mycotoxins associated with poorly ventilated buildings and contaminated buildings by ELISA assays. However, pulmonary hemorrhagic and hemosiderosis occurred in a hospital nursery and investigator concluded it was due to heavy mold growth in the building. Several years later, investigator retracted and reviewed of this case because of quality of evidence insufficient to conclude an association. A growing body of evidence supports that S. charatrum may be the cause of epidemic and isolated case of pulmonary hemorrhage and hemosiderosis in infant lungs
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