Legal counsel

Daubert Framework: FRE 702 + 707 Admissibility

Why JIL is admissible under Federal Rules of Evidence 702 and exempt from proposed FRE 707: deterministic rule engine, 332-check foundation library, documented error rates.

Daubert Framework

The 7 admissibility hurdles

JIL CREB must clear seven distinct legal hurdles to be admissible in court. This section outlines each hurdle and the current status of JIL's compliance.

Hurdle Federal Rule What it tests CREB status today Engineering work to close
1. Authentication FRE 901-902 The document is what it purports to be Solved via 902(13)/(14) plus CourtChain None for federal; some state variations
2. Hearsay FRE 801-807 If statements by others are inside, an exception applies Mostly solved via FRE 803(6) business records Custodian certification template
3. Best Evidence FRE 1001-1008 Original or admissible duplicate Solved via hash-validated copies (FRE 1003) None
4. Relevance FRE 401-403 Probative value greater than prejudice Case-specific Per-finding relevance memo template
5. Expert Testimony / Daubert FRE 702 plus Proposed 707 The methodology is scientifically valid Partial: methodology documented but not yet packaged for Daubert hearing Full Daubert foundation per check
6. Predicate Facts Statutory elements Identification, amounts, dates, statutory elements Partial: in CREB but not venue-formatted Per-statute element-mapping templates
7. Damages Statutory damages formula How the loss was computed Mentioned in current CREB, not rigorously specified Damages calculation engine with statute-specific formulas

JIL is currently addressing each hurdle with targeted engineering work to ensure full compliance.

Deterministic Defense

Why deterministic is not machine learning

JIL's architecture is a deterministic rule engine, not machine learning. This distinction is critical for admissibility under evolving Federal Rules of Evidence.

JIL is not machine learning because it does not use any of the following:

Instead, JIL uses structured data inputs, declarative checks, cross-source corroboration, and reproducible outputs.

Reliability Factors

FRE 702 reliability factors

JIL's methodology meets the reliability factors outlined in Federal Rule of Evidence 702.

The factors include:

JIL's 332-check foundation library and documented error rates ensure it meets these reliability factors.

Commercial-Software Exemption

FRE 707 commercial-software exemption

JIL qualifies for the proposed FRE 707 exemption for routinely relied-upon commercial software.

The proposed rule exempts "the output of basic scientific instruments or routinely relied upon commercial software." JIL's deterministic rule engine and documented methodology align with this exemption.

Daubert Foundation

The 332-check Daubert foundation library

JIL's 332-check foundation library provides a robust Daubert foundation for each attestation check.

Each check is a formal rule expressed in declarative logic, with documented schema and verifiable sources.

Expert Witness

Expert witness bench

JIL maintains a bench of expert witnesses prepared to testify on the admissibility and reliability of CREB output.

These experts are equipped to address Daubert challenges and provide comprehensive testimony on JIL's deterministic architecture and compliance with Federal Rules of Evidence.