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Foundations of Evidence Law$
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Alex Stein

Print publication date: 2005

Print ISBN-13: 9780198257363

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780198257363.001.0001

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Groundwork

Groundwork

Chapter:
(p.1) 1 Groundwork
Source:
Foundations of Evidence Law
Author(s):

Alex Stein

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198257363.003.0001

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

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