Chapter

Allocation of the Risk of Error in Civil Litigation

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/9780198257363.003.0007
Allocation of the Risk of Error in Civil Litigation

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This chapter discusses risk of error allocation in civil litigation. Topics covered include fairness vs efficiency, burden of proof and equality, exclusion of evidence as corrective equality, equality and pre-emption, corroboration as corrective equality, and equality and discretion.

Keywords: error allocation; risk allocation; civil litigation; burden of proof; exclusion; pre-emption; corroboration; discretion; corrective equality

Chapter.  15679 words. 

Subjects: Jurisprudence and Philosophy of Law

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