Standards of Proof

13 Pages Posted: 13 Jan 2012

See all articles by Fredrick E. Vars

Fredrick E. Vars

University of Alabama - School of Law

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

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

Fredrick E. Vars (Contact Author)

University of Alabama - School of Law ( email )

P.O. Box 870382
Tuscaloosa, AL 35487
United States

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