The Economics of Judicial Proof (L'Economie de la Preuve Judiciaire) (French)
University of Montreal CIRPEE Working Paper No. 11-02
50 Pages Posted: 2 Feb 2011
Date Written: January 30, 2011
Abstract
This article develops a simple model using the economist’s toolkit to analyze the mechanism of judicial proof. The survey focuses on the notions of burden of proof, legal presumptions, standard of proof, on legal procedure and on the judge’s role during the proceedings. The rules of proof are analyzed from the point of view of litigation costs, judicial error and incentives for socially efficient behaviour.
Note: Downloadable document is in French.
Keywords: Procedure, Evidentiary Rules, Burden of Proof, Standard of Proof, Preponderance of Proof, Adversarial, Inquisitorial
JEL Classification: D82, K41, K42
Suggested Citation: Suggested Citation