ASTM E1138-89
(Terminology)Terminology of Technical Aspects of Products Liability Litigation (Withdrawn 1995)
Terminology of Technical Aspects of Products Liability Litigation (Withdrawn 1995)
General Information
Standards Content (Sample)
AMERIOAN SOOIEIY FOR TESTINO APdD MATERIALS
1916 RQIX St. PhilMelphia. Pa. 19103
Designation: E 1138 - 89
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Standard Terminology of
Technical Aspects of Products Liability Litigation’
The terms defined in this standard are used in the standards under the jurisdiction of Committee
E-40 on Technical Aspects of Products Liability Litigation. Individual standards should be
consulted for context of use. Although individual words in this standard are defined in
common-language dictionaries, the definitions herein reflect the implied meanings and nuances of
usage in this field.
condition of evidence-the state in which evidence exists at a control proceedings, to make defense, to adduce and
stated period in time. cross-examine witnesses, and to appeal from judgment.
party in interest-any party that has, or may reasonably be
data, n-facts or information to be used as a basis for
expected to have, a direct or indirect involvement in the
discussion or decision.
results of any expert examination of any item.
evidence, n-anything that establishes fact or gives reason for
Discussion-A party in interest could include, but not
belief.
be limited to: persons injured or possibly injured by the
fact, n-a thing asserted to be true as a basis for reasoning. product; any person, firm, corporation or organization
that designed, manufactured, assembled, packaged, in-
hypothesis, n-a supposition or conjecture put forward to
spected, distributed or sold the product or a component
account for certain facts, and used as a basis for further
part of the product; attorneys of record or attorneys who
investigation by which it may be proved or disproved.
represent any party in interest; or any insurance carrier or
incident, n-an event, activity, or disturbance occurring
other indemnifying person or organization.
singularly and distinctly.
products liability-responsibility imposed for harm as the
item, n-a single thing in a list or number of things. result of a defective product.
scientlflc method-the systematic collection and classitica-
methodology, n-the body of methods used in a particular
tion of data and, usually, the formulation
...
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SIGNIFICANCE AND USE
4.1 This practice establishes procedures to be followed by the forensic science practitioner to document the nature, state, or condition of items of evidence. It also describes specific actions that are required for destructive testing if planned testing, examination, disassembly, or other actions are likely to alter the nature, state, or condition of the evidence so as to preclude or adversely limit additional examination or testing.
4.2 Deviations from this practice are not necessarily wrong or inferior, but such deviations should be justified and documented.
SCOPE
1.1 This practice covers procedures for the examination and testing of evidence items or systems that may have been involved in a specific incident which are, or may be reasonably expected to be, the subject of civil or criminal litigation.
1.2 This practice is applicable when it is determined that examination or testing of evidence is required, and such examination is likely to change the nature, state, or condition of the evidence.
1.3 This practice is intended for use by competent forensic science practitioners with the requisite formal education, discipline-specific training (see Practice E2917), and demonstrated proficiency to perform forensic casework.
1.4 This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety, health, and environmental practices and determine the applicability of regulatory limitations prior to use.
1.5 This international standard was developed in accordance with internationally recognized principles on standardization established in the Decision on Principles for the Development of International Standards, Guides and Recommendations issued by the World Trade Organization Technical Barriers to Trade (TBT) Committee.
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SIGNIFICANCE AND USE
4.1 This practice establishes procedures to be followed to document the nature, state, or condition of items of evidence. It also describes specific actions that are required if planned testing, examination, disassembly, or other actions are likely to alter the nature, state, or condition of the evidence so as to preclude or adversely limit additional examination or testing.
SCOPE
1.1 This practice sets forth guidelines for the examination and testing of actual items or systems (hereinafter termed evidence) that may have been involved in a specific incident that are or may be reasonably expected to be the subject of civil or criminal litigation. This practice is intended to become applicable when it is determined that examination or testing of evidence is required, and such examination is likely to change the nature, state or condition of the evidence.
1.2 This practice recommends generally acceptable professional practice, although the facts and issues of each situation may require specific considerations not expressly addressed herein. Deviations from this practice are not necessarily wrong or inferior, but such deviations should be justified and documented.
1.3 This practice offers a set of instructions for performing one or more specific operations. This document cannot replace education, training, or experience and should be used in conjunction with professional judgment. Not all aspects of this practice may be applicable in all circumstances.
1.4 This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety and health practices and determine the applicability of regulatory limitations prior to use.
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SIGNIFICANCE AND USE
4.1 This practice establishes procedures to be followed to document the nature, state, or condition of items of evidence. It also describes specific actions that are required if planned testing, examination, disassembly, or other actions are likely to alter the nature, state, or condition of the evidence so as to preclude or adversely limit additional examination or testing.
SCOPE
1.1 This practice sets forth guidelines for the examination and testing of actual items or systems (hereinafter termed evidence) that may have been involved in a specific incident that are or may be reasonably expected to be the subject of civil or criminal litigation. This practice is intended to become applicable when it is determined that examination or testing of evidence is required, and such examination is likely to change the nature, state or condition of the evidence.
1.2 This practice recommends generally acceptable professional practice, although the facts and issues of each situation may require specific considerations not expressly addressed herein. Deviations from this practice are not necessarily wrong or inferior, but such deviations should be justified and documented.
1.3 This practice offers a set of instructions for performing one or more specific operations. This document cannot replace education, training, or experience and should be used in conjunction with professional judgment. Not all aspects of this practice may be applicable in all circumstances.
1.4 This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety, health, and environmental practices and determine the applicability of regulatory limitations prior to use.
1.5 This international standard was developed in accordance with internationally recognized principles on standardization established in the Decision on Principles for the Development of International Standards, Guides and Recommendations issued by the World Trade Organization Technical Barriers to Trade (TBT) Committee.
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SIGNIFICANCE AND USE
4.1 This practice establishes procedures to be followed to document the nature, state, or condition of items of evidence. It also describes specific actions that are required if planned testing, examination, disassembly, or other actions are likely to alter the nature, state, or condition of the evidence so as to preclude or adversely limit additional examination or testing.
SCOPE
1.1 This practice sets forth guidelines for the examination and testing of actual items or systems (hereinafter termed evidence) that may have been involved in a specific incident that are or may be reasonably expected to be the subject of civil or criminal litigation. This practice is intended to become applicable when it is determined that examination or testing of evidence is required, and such examination is likely to change the nature, state or condition of the evidence.
1.2 This practice recommends generally acceptable professional practice, although the facts and issues of each situation may require specific considerations not expressly addressed herein. Deviations from this practice are not necessarily wrong or inferior, but such deviations should be justified and documented.
1.3 This practice offers a set of instructions for performing one or more specific operations. This document cannot replace education, training, or experience and should be used in conjunction with professional judgment. Not all aspects of this practice may be applicable in all circumstances.
1.4 This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety and health practices and determine the applicability of regulatory limitations prior to use.
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SIGNIFICANCE AND USE
This practice establishes procedures to be followed to document the nature, state, or condition of items of evidence. It also describes specific actions that are required if planned testing, examination, disassembly, or other actions are likely to alter the nature, state, or condition of the evidence so as to preclude or adversely limit additional examination or testing.
SCOPE
1.1 This practice sets forth guidelines for the examination and testing of actual items or systems (hereinafter termed evidence) that may have been involved in a specific incident that are or may be reasonably expected to be the subject of civil or criminal litigation. This practice is intended to become applicable when it is determined that examination or testing of evidence is required, and such examination is likely to change the nature, state or condition of the evidence.
1.2 This practice recommends generally acceptable professional practice, although the facts and issues of each situation may require specific considerations not expressly addressed herein. Deviations from this practice are not necessarily wrong or inferior, but such deviations should be justified and documented.
1.3 This practice offers a set of instructions for performing one or more specific operations. This document cannot replace education, training, or experience and should be used in conjunction with professional judgment. Not all aspects of this practice may be applicable in all circumstances.
This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety and health practices and determine the applicability of regulatory limitations prior to use.
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SCOPE
1.1 This practice sets forth guidelines for handling of items that may have been involved in a specific incident that is or is reasonably expected to be the subject of criminal or civil litigation.
1.2 The approach outlined is recommended as good professional practice even though the facts and issues of each situation require specific consideration, and may involve matters not expressly dealt with herein. Not every portion of this document may be applicable to every incident or investigation. It is up to the individual preparing the report to apply the appropriate recommended procedures in this guide to a particular incident or investigation. In addition, it is recognized that time and resource limitations or existing policies may limit the degree to which recommendations in this document will be applied in a given investigation. The responsibility of the individual preparing the report ( or anyone who handles or examines evidence) for evidence preservation, and the scope of that responsibility varies based on such factors as the jurisdiction, the status of the individual as a public official or private sector investigator, indications of criminal conduct, and applicable laws and regulations.
1.2.1 If compliance with this standard is claimed, the justifications for any such deviations from this standard must be documented.
This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety and health practices and determine the applicability of regulatory limitations prior to use.
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SCOPE
1.1 This practice sets forth guidelines for the examination and testing of actual items or systems (hereinafter termed evidence) that may have been involved in a specific incident that is or is reasonably expected to be the subject of products liability litigation. This practice is intended to become applicable when it is determined that examination or testing of the evidence is required. Testing, examination, and alterations that occur in the course of ordinary service or repair operations would not fall within the scope of this practice.
1.2 For additional standards promulgated by ASTM Subcommittee E-30.40 on Technical Aspects of Products Liability Litigation, see Practice E620, E678, and E1020.
1.3 This standard does not purport to address all of the safety problems, if any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety and health practices and determine the applicability of regulatory limitations prior to use.
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SIGNIFICANCE AND USE
5.1 ASTM test methods are frequently intended for use in the manufacture, selling, and buying of materials in accordance with specifications and therefore should provide such precision that when the test is properly performed by a competent operator, the results will be found satisfactory for judging the compliance of the material with the specification. Statements addressing precision and bias are required in ASTM test methods. These then give the user an idea of the precision of the resulting data and its relationship to an accepted reference material or source (if available). Statements addressing determinability are sometimes required as part of the test method procedure in order to provide early warning of a significant degradation of testing quality while processing any series of samples.
5.2 Repeatability and reproducibility are defined in the precision section of every Committee D02 test method. Determinability is defined above in Section 3. The relationship among the three measures of precision can be tabulated in terms of their different sources of variation (see Table 1).
5.2.1 When used, determinability is a mandatory part of the Procedure section. It will allow operators to check their technique for the sequence of operations specified. It also ensures that a result based on the set of determined values is not subject to excessive variability from that source.
5.3 A bias statement furnishes guidelines on the relationship between a set of test results and a related set of accepted reference values. When the bias of a test method is known, a compensating adjustment can be incorporated in the test method.
5.4 This practice is intended for use by D02 subcommittees in determining precision estimates and bias statements to be used in D02 test methods. Its procedures correspond with ISO 4259 and are the basis for the Committee D02 computer software, Calculation of Precision Data: Petroleum Test Methods. The use of this practice replaces that of Re...
SCOPE
1.1 This practice covers the necessary preparations and planning for the conduct of interlaboratory programs for the development of estimates of precision (determinability, repeatability, and reproducibility) and of bias (absolute and relative), and further presents the standard phraseology for incorporating such information into standard test methods.
1.2 This practice is generally limited to homogeneous petroleum products, liquid fuels, and lubricants with which serious sampling problems (such as heterogeneity or instability) do not normally arise.
1.3 This practice may not be suitable for products with sampling problems as described in 1.2, solid or semisolid products such as petroleum coke, industrial pitches, paraffin waxes, greases, or solid lubricants when the heterogeneous properties of the substances create sampling problems. In such instances, consult a trained statistician.
1.4 This international standard was developed in accordance with internationally recognized principles on standardization established in the Decision on Principles for the Development of International Standards, Guides and Recommendations issued by the World Trade Organization Technical Barriers to Trade (TBT) Committee.
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SIGNIFICANCE AND USE
4.1 This practice provides the basic minimum criteria for use in evaluating the qualifications of testing agencies for masonry materials. The criteria may be supplemented by more specific criteria and requirements. It can be used as a guide for internal audits by individual users.
4.2 The intent of this practice is to provide a consensus basis for evaluating a testing agency, with respect to that agency's capability to objectively and competently provide the specific services needed by the user.
4.3 This practice may be used as a basis for accreditation.
SCOPE
1.1 This practice covers the minimum requirements for laboratory personnel, for establishing and maintaining a quality system, and it establishes minimum qualifications for agencies engaged in the testing of masonry materials.
1.2 Criteria are provided for evaluating the capability of an agency to properly perform designated tests on masonry materials, and for establishing guidelines pertaining to an agency's organization, personnel, facilities, and quality system. This practice may be supplemented by more specific criteria and requirements for particular projects.
1.3 This practice can be used as a basis to evaluate testing agencies, and it is intended for use for the qualifying or accrediting of testing agencies, or both, public or private, engaged in the testing of masonry materials.
1.4 This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety, health, and environmental practices and determine the applicability of regulatory limitations prior to use.
1.5 This international standard was developed in accordance with internationally recognized principles on standardization established in the Decision on Principles for the Development of International Standards, Guides and Recommendations issued by the World Trade Organization Technical Barriers to Trade (TBT) Committee.
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SIGNIFICANCE AND USE
4.1 This practice provides the basic minimum criteria for use in evaluating the qualifications of testing agencies for masonry materials. The criteria may be supplemented by more specific criteria and requirements. It can be used as a guide for internal audits by individual users.
4.2 The intent of this practice is to provide a consensus basis for evaluating a testing agency, with respect to that agency's capability to objectively and competently provide the specific services needed by the user.
4.3 This practice may be used as a basis for accreditation.
SCOPE
1.1 This practice covers the minimum requirements for laboratory personnel, for establishing and maintaining a quality system, and it establishes minimum qualifications for agencies engaged in the testing of masonry materials.
1.2 Criteria are provided for evaluating the capability of an agency to properly perform designated tests on masonry materials, and for establishing guidelines pertaining to an agency's organization, personnel, facilities, and quality system. This practice may be supplemented by more specific criteria and requirements for particular projects.
1.3 This practice can be used as a basis to evaluate testing agencies, and it is intended for use for the qualifying or accrediting of testing agencies, or both, public or private, engaged in the testing of masonry materials.
1.4 This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety, health, and environmental practices and determine the applicability of regulatory limitations prior to use.
1.5 This international standard was developed in accordance with internationally recognized principles on standardization established in the Decision on Principles for the Development of International Standards, Guides and Recommendations issued by the World Trade Organization Technical Barriers to Trade (TBT) Committee.
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