Two Theories of the Civil Burden of Persuasion
Posted: 29 Feb 2008
Several judicial opinions and commentators have suggested that the more-probable-than-not burden of persuasion in civil cases reflects a policy of equalizing the rate or risk of factually erroneous verdicts as between plaintiffs and defendants. Concluding an exchange with Ronald Allen, this paper adheres to the view that the legal standard is better understood in terms of minimizing the expected losses due to such errors.
Keywords: statistical decision theory, burden of persuasion
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