Standards of Proof
13 Pages Posted: 13 Jan 2012
Date Written: January 13, 2012
Abstract
This essay develops a formal framework for selecting welfare-enhancing standards of proofs. It reduces the inquiry to one equation with five variables and graphs the decision space in which each standard of proof dominates. The value of that exercise is demonstrated by applying the model in three contexts: (1) private party litigation, (2) government deprivations, and (3) affirmative defenses. In the first two at least, the new framework guides the selection of proof standards better than existing doctrine.
Keywords: standards of proof
JEL Classification: K40
Suggested Citation: Suggested Citation
Vars, Fredrick E., Standards of Proof (January 13, 2012). Available at SSRN: https://ssrn.com/abstract=1984820 or http://dx.doi.org/10.2139/ssrn.1984820
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