Effects of proportional liability information on damage awards in a civil trial

1995 ◽  
Author(s):  
R. Scott Tindale ◽  
Joseph Filkins ◽  
Linda S. Thomas ◽  
Susan Sheffey ◽  
Christine M. Smith ◽  
...  
Keyword(s):  
2012 ◽  
Author(s):  
Ryan Winter ◽  
Jonathan P. Vallano ◽  
Benjamin Fay ◽  
Kevin A. Strubler

2021 ◽  
pp. 136571272110112
Author(s):  
Martin Smith

The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak—there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s claim is true. In this paper, I will recapitulate the familiar arguments for this thesis, before defending a more radical one: The 50%+ standard is also too strong—there are circumstances in which a court should find that a defendant is liable, even though the evidence presented makes it less than 50% likely that the plaintiff’s claim is true. I will argue that the latter thesis follows naturally from the former once we accept that the parties in a civil trial are to be treated equally. I will conclude by sketching an alternative interpretation of the civil standard of proof


Author(s):  
Yuya Kiryu ◽  
Atsushi Ito ◽  
Takehiko Kasahara ◽  
Hiroyuki Hatano ◽  
Masahiro Fujii
Keyword(s):  

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