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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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Allocation of the Risk of Error in Civil Litigation

Allocation of the Risk of Error in Civil Litigation

Chapter:
(p.214) 7 Allocation of the Risk of Error in Civil Litigation
Source:
Foundations of Evidence Law
Author(s):

Alex Stein

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198257363.003.0007

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

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