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Legal History Commons

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Legal History

Selected Works

2016

Torts

Articles 1 - 2 of 2

Full-Text Articles in Legal History

A Process Theory Of Torts, Jay Tidmarsh Oct 2016

A Process Theory Of Torts, Jay Tidmarsh

Jay Tidmarsh

No abstract provided.


Probability Theory Meets Res Ipsa Loquitor, David H. Kaye Mar 2016

Probability Theory Meets Res Ipsa Loquitor, David H. Kaye

David Kaye

Day in and day out, attorneys, judges, and jurors must estimate probabilities. To be sure, we rarely quantify such estimates of probability and almost never adopt the terminology and mathematics of probability theory to resolve matters. Nevertheless, the mathematical theory of probability can be applied to legal problems in various ways. This article uses probability theory normatively in an effort to clarify one aspect of the famous tort doctrine known as res ipsa loquitur. While not urging that jurors be instructed in probability theory or be equipped with microprocessors, it does seek an accurate statement of the res ipsa doctrine …