Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law

Selected Works

Kevin M. Clermont

2014

Articles 1 - 2 of 2

Full-Text Articles in Law

Integrating Transnational Perspectives Into Civil Procedure: What Not To Teach, Kevin M. Clermont Dec 2014

Integrating Transnational Perspectives Into Civil Procedure: What Not To Teach, Kevin M. Clermont

Kevin M. Clermont

No abstract provided.


A Comparative View Of Standards Of Proof, Kevin M. Clermont, Emily Sherwin Dec 2014

A Comparative View Of Standards Of Proof, Kevin M. Clermont, Emily Sherwin

Kevin M. Clermont

In common-law systems, the standard of proof for ordinary civil cases requires the party who bears the burden of proof to establish by a preponderance of the evidence that the facts alleged are true. In contrast, the prevailing standard of proof for civil cases in civil-law systems is indistinguishable from the standard for criminal cases: the judge must be firmly convinced that the facts alleged are true. This striking difference in common-law and civil-law procedures has received very little attention from either civilian or comparative scholars. The preponderance standard applied in common-law systems is openly probabilistic and produces, on average, …