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date: 02 April 2020

Abstract and Keywords

The legal field of evidence concerns how deductions regarding acts and circumstances are or should be made from testimony, documents, and other presentations, whether proffered by interested parties or uncovered by the factfinder’s own investigation. This chapter describes the portion of the academic literature on legal evidence that employs mathematical/economic modeling. It begins by reviewing the four main mathematical/economic approaches: pure probabilistic deduction, omission models, endogenous cost signaling, and correlated private information. Then it discusses the application of mathematical/economic analysis to several specific evidentiary rules, including character evidence, hearsay, privileges, proof burdens, and penalties for evidentiary misconduct.

Keywords: legal evidence, pure probabilistic deduction, omission models, endogenous cost signaling, correlated private information, burden of proof, detection avoidance, perjury, obstruction, character evidence, hearsay, privileges

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