Evidence Law as a System of Incentives
Rutgers Law School Newark
March 8, 2010
Iowa Law Review, Vol. 95, No. 5, 2010
Rutgers School of Law-Newark Research Papers No. 065
Evidence law is usually considered ex post, from the standpoint of a judge deciding whether to admit evidence offered by a party. This article examines the law ex ante, considering how it affects the behavior of parties contemplating or conducting litigation. Seen from this perspective, the rules of Evidence give rise to a variety of incentives and disincentives. After discussing the more familiar of these, notably those arising from the adversary system, the article explores many unfamiliar incentives and disincentives affecting the creation, preservation and presentation of evidence. In conclusion, it considers some objections to viewing Evidence law as a system of incentives.
Number of Pages in PDF File: 50
Date posted: March 8, 2010
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