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Evidence Commons™

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Evidence

Selected Works

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Civil Procedure

Articles 1 - 6 of 6

Full-Text Articles in Evidence

Evidence, Probability, And The Burden Of Proof, Ronald J. Allen, Alex Stein Dec 2012

Evidence, Probability, And The Burden Of Proof, Ronald J. Allen, Alex Stein

Alex Stein

This Article analyzes the probabilistic and epistemological underpinnings of the burden-of-proof doctrine. We show that this doctrine is best understood as instructing factfinders to determine which of the parties’ conflicting stories makes most sense in terms of coherence, consilience, causality, and evidential coverage. By applying this method, factfinders should try—and will often succeed—to establish the truth, rather than a statistical surrogate of the truth, while securing the appropriate allocation of the risk of error. Descriptively, we argue that this understanding of the doctrine—the “relative plausibility theory”—corresponds to our courts’ practice. Prescriptively, we argue that the relative-plausibility method is operationally superior …

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Declaración De La Parte Como Medio De Prueba, Felipe Marín Verdugo Feb 2011

Declaración De La Parte Como Medio De Prueba, Felipe Marín Verdugo

Felipe Marín Verdugo

The Chilean judicial procedures went from a written procedure to a hearing-based procedure. This change involved a new design for the trial hearing and, in particular, for the rules of evidence. The meaning of these changes is not yet well understood, making it easier for the survival of former practices of the written system within the new hearing-based system. This paper identifies on of them, which is the exclusion of parties as witnesses.

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Admissibility Of Electronic Documents, Curtis E.A. Karnow Jan 2011

Admissibility Of Electronic Documents, Curtis E.A. Karnow

Curtis E.A. Karnow

A comprehensive inventory of issues involved in the introduction of electronic evidence, including practical alerts

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Simplifying Discovery And Production- Using Easy Frameworks To Evaluate The 2009 Term Of Cases.Pdf, Eric Carpenter Dec 2010

Simplifying Discovery And Production- Using Easy Frameworks To Evaluate The 2009 Term Of Cases.Pdf, Eric Carpenter

Eric R. Carpenter

The military's discovery and production rules are fairly simple — if you can distinguish one from the other, which is not always an easy task. This article provides military practitioners with a set of tools for recognizing the differences between discovery and production rules. These tools are then applied to the 2009 term of military appellate cases which focused on discovery and production issues in order to illustrate whether the parties, the military judges, and the courts used sound reasoning in dealing with these issues.

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La Declaración De La Parte Como Medio De Prueba, Felipe Marín Verdugo Jan 2010

La Declaración De La Parte Como Medio De Prueba, Felipe Marín Verdugo

Felipe Marín Verdugo

Chilean Family and Labor procedures went from a written procedure to a hearing-based procedure, but judges are still "thinking" within the written procedure scope. This paper identifies one of the consequences of this approach: they are wrongly excluding parties as witnesses. The paper will argue againt this practice.

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Evidentiary Issues In The New York City Housing Court, Gerald Lebovits Dec 2009

Evidentiary Issues In The New York City Housing Court, Gerald Lebovits

Hon. Gerald Lebovits

This article covers the essentials of evidence in the New York City Civil Court Housing Part, known as the Housing Court.

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