Burdens of Proof in Civil Litigation: An Economic Perspective

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Burdens of Proof in Civil Litigation: An Economic Perspective

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Title: Burdens of Proof in Civil Litigation: An Economic Perspective
Author: Spier, Kathryn E.
Citation: Bruce L. Hay & Kathryn E. Spier, Burdens of Proof in Civil Litigation: An Economic Perspective, 26 J. Legal Stud. 413 (1997).
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Abstract: Burden of proof rules, which require a specified party to produce evidence on a contested issue, are central to the adversary system. In this article, we model burden of proof rules as a device for minimizing the costs of litigation. The central point to emerge from the model is that, properly assigned, a burden of proof rule economizes on the transmission of information to the court. We use the model to explain characteristic practices of courts in assigning the burden of proof.
Published Version: http://dx.doi.org/10.1086/468002
Other Sources: http://www.jstor.org/stable/10.1086/468002
Terms of Use: This article is made available under the terms and conditions applicable to Other Posted Material, as set forth at http://nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of-use#LAA
Citable link to this page: http://nrs.harvard.edu/urn-3:HUL.InstRepos:12206463
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