Chapter

Groundwork

Alex Stein

in Foundations of Evidence Law

Published in print August 2005 | ISBN: 9780198257363
Published online January 2010 | e-ISBN: 9780191711039 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198257363.003.0001
Groundwork

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This chapter identifies the domain of evidence law discussed throughout the book. It draws a fundamental distinction between the fact-finding objective of the law and objectives extraneous to fact-finding that the law promotes through rulings on evidence. It identifies three categories of genuinely evidential rules and doctrines: (1) rules and doctrines that minimize the risk of error by enhancing the accuracy of fact-finding; (2) rules and doctrines that reduce the costs that fact-finding procedures and decisions incur; and (3) rules and doctrines that apportion the risk of error between litigants. The chapter also analyzes the means-end relationship between evidence rules and the controlling substantive law.

Keywords: evidence law; fact-finding; evidential rules; doctrines

Chapter.  16324 words. 

Subjects: Jurisprudence and Philosophy of Law

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