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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 November 2020

Allocation of the Risk of Error in Civil Litigation

Allocation of the Risk of Error in Civil Litigation

(p.214) 7 Allocation of the Risk of Error in Civil Litigation
Foundations of Evidence Law

Alex Stein

Oxford University Press

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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