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Behavioral Law and Economics$
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Eyal Zamir and Doron Teichman

Print publication date: 2018

Print ISBN-13: 9780190901349

Published to Oxford Scholarship Online: June 2018

DOI: 10.1093/oso/9780190901349.001.0001

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Evidence Law

Evidence Law

(p.567) 16 Evidence Law
Behavioral Law and Economics

Eyal Zamir

Doron Teichman

Oxford University Press

This chapter consists of three main parts. It first discusses the effect of various cognitive limitations, heuristics, and biases on the actual and perceived credibility of various types of evidence—including eyewitness testimonies, probabilistic data, and circumstantial evidence. It further examines the extent to which the use of expert testimonies can overcome such heuristics and biases. The second part analyzes behavioral aspects of burden-of-proof rules, such as the justification for placing the burden on the plaintiff, and the actual meaning of the standard of proof in civil and criminal proceedings. Finally, the third part argues that while people’s bounded rationality creates obstacles for judicial truth-finding, it also makes it much harder for interested parties, litigants and witnesses, to hide the truth—thus facilitating accurate fact-finding.

Keywords:   evidence law, eyewitnesses, statistical evidence, circumstantial evidence, burden of proof, truth-telling

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