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The Allocation of the Burden of Proof

Michelle T Grando

in Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.003.0004
Subject:
Law, Public International Law

Taking into account the fact that the question of the allocation of the burden of proof has not been addressed in the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), ... More


Functioning of the Burden of Proof

Michelle T Grando

in Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.003.0003
Subject:
Law, Public International Law

The previous chapter introduced some basic concepts related to the process of fact-finding and briefly outlined how those concepts are applied in international dispute settlement proceedings, ... More


The Problem of Enforcement Error

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0010
Subject:
Political Science, Political Theory

The problem of enforcement error arises when using power to achieve compliance with justice and the rule of law increases the costs imposed by erroneous judgements on the innocent. Because the use of ... More


Precaution and the SPS Agreement

Lukasz Gruszczynski

in Regulating Health and Environmental Risks under WTO Law: A Critical Analysis of the SPS Agreement

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199578924
eISBN:
9780191722646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578924.003.0006
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter analyzes the relevance of the precautionary principle in the context of the SPS Agreement. The first part addresses the principle as such and attempts to assess its impact on the ... More


Scientific Evidence in the Tort Law

Kristin Shrader-frechette General

in Regulating Toxic Substances: A Philosophy of Science and the Law

Published in print:
1993
Published Online:
October 2011
ISBN:
9780195074369
eISBN:
9780199852932
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195074369.003.0003
Subject:
Philosophy, Philosophy of Science

This chapter argues against the shift in paradigm in favor of scientific evidence in tort law cases. Recent proposals, seeking to require more demanding scientific evidence in toxic tort (and other) ... More


Aspects of Evidence in International Adjudication

Chester Brown

in A Common Law of International Adjudication

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199206506
eISBN:
9780191709708
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206506.003.0004
Subject:
Law, Public International Law

This chapter examines whether commonalities exist in the rules of evidence applied by different international courts and tribunals. It begins by considering the sources of rules of evidence in ... More


Detection of Prohibited Communications

Louis Kaplow

in Competition Policy and Price Fixing

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691158624
eISBN:
9781400846078
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691158624.003.0017
Subject:
Economics and Finance, Economic History

This chapter considers the communications-based prohibition, which requires demonstration of particular behavior that not only is hard to identify but also is not well correlated with high deterrence ... More


Proving Constitutional Facts: Sources and Burdens of Proof for Doctrinal, Reviewable, and Case-Specific Facts

David L. Faigman

in Constitutional Fictions: A Unified Theory of Constitutional Facts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195341270
eISBN:
9780199866878
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195341270.003.0005
Subject:
Law, Constitutional and Administrative Law

Until now, no scholar has attempted to bring procedural order to the subject of fact-finding in constitutional cases. In ordinary cases, a vast array of procedural and evidentiary rules applies to ... More


Internal Constraints on Criminalization

Douglas Husak

in Overcriminalization: The Limits of the Criminal Law

Published in print:
2007
Published Online:
January 2008
ISBN:
9780195328714
eISBN:
9780199869947
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328714.003.0002
Subject:
Philosophy, Moral Philosophy

This chapter argues that the criminal law itself, and especially its so‐called “general part,” is the source of four internal constraints on the authority of the state to enact and enforce penal ... More


Defences

Renato Nazzini

in The Foundations of European Union Competition Law: The Objective and Principles of Article 102

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199226153
eISBN:
9780191730856
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226153.003.0009
Subject:
Law, EU Law, Competition Law

This chapter starts by examining the burden of proof and the standard of anti-competitive effects. The burden of proof and the standard of anti-competitive effects determine the boundaries between ... More


Similarities and Differences in Common Law Forum Non Conveniens Doctrine

Ronald A. Brand and Scott R. Jablonski

in Forum Non Conveniens: History, Global Practice, and Future under the Hague Convention on Choice of Court Agreements

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195329278
eISBN:
9780199855346
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195329278.003.0006
Subject:
Law, Private International Law

This chapter provides a detailed comparison of the doctrines of forum non conveniens as applied in the four common law jurisdictions considered in Chapters 2-5. It reviews the basic requirements of ... More


Strict Liability, Legal Presumptions, and the Presumption of Innocence

R. A. Duff

in Appraising Strict Liability

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199278510
eISBN:
9780191706967
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278510.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter begins with a discussion of the four varieties of strict liability. These are that liability can be both legally and morally non-strict; liability can be both legally and morally strict; ... More


Exceptions and the Burden of Proof

Luís Duarte d’Almeida

in Allowing for Exceptions: A Theory of Defences and Defeasibility in Law

Published in print:
2015
Published Online:
May 2015
ISBN:
9780199685783
eISBN:
9780191765766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685783.003.0004
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

The proof-based account of legal exceptions faces a set of objections based on what many see as a distinctive feature of exceptions: their typical association to a particular allocation of burdens of ... More


From Altercation to Adversary Trial

John H. Langbein

in The Origins of Adversary Criminal Trial

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199287239
eISBN:
9780191718137
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287239.003.0005
Subject:
Law, Criminal Law and Criminology, Legal History

The judges attempted to admit defense counsel at trial for the limited purpose of assisting the defendant to probe accusing evidence, expecting that the defendant would otherwise continue to speak in ... More


Understanding Indeterminacy

Gary Lawson

in Evidence of the Law: Proving Legal Claims

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226432052
eISBN:
9780226432199
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226432199.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter shows how applying principles of proof to legal propositions clarifies the nature of legal indeterminacy. Legal though often assumes that interpretative uncertainty resulting from ... More


The Formal Structure of Proof

Gary Lawson

in Evidence of the Law: Proving Legal Claims

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226432052
eISBN:
9780226432199
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226432199.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter describes the formal structure of proof for facts in the law as involving principles of admissibility (what counts toward establishing a claim), principles of weight or significance (how ... More


Religious Experience and the Burden of Proof

Herman Philipse

in God in the Age of Science?: A Critique of Religious Reason

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199697533
eISBN:
9780191738470
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199697533.003.0015
Subject:
Philosophy, Philosophy of Religion, Metaphysics/Epistemology

An analysis of three problems for Richard Swinburne’s Bayesian cumulative case strategy in natural theology shows why he needs to shift the burden of proof to the unbeliever. Allegedly, this shift is ... More


Allocation of the Risk of Error in Criminal Trials

Alex Stein

in Foundations of Evidence Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198257363
eISBN:
9780191711039
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257363.003.0006
Subject:
Law, Philosophy of Law

This chapter discusses risk of error allocation in criminal trials. Topics covered include the ‘equal best’ standard, the burden of proof, exclusion, pre-emption, corroboration, and discretion.


Allocation of the Risk of Error in Civil Litigation

Alex Stein

in Foundations of Evidence Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198257363
eISBN:
9780191711039
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257363.003.0007
Subject:
Law, Philosophy of Law

This chapter discusses risk of error allocation in civil litigation. Topics covered include fairness vs efficiency, burden of proof and equality, exclusion of evidence as corrective equality, ... More


Causation

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0011
Subject:
Law, EU Law

This chapter explores causation as it relates to tort law in Europe and the European Union, with emphasis on whether a causal connection can be established between the tortfeasor’s conduct or the ... More


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