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- Title
STATISTICAL SIGNIFICANCE AND THE BURDEN OF PERSUASION.
- Authors
Kaye, David H.
- Abstract
The article discusses the use of statistical significance and the burden of persuasion during civil litigation. In any case involving statistical proof, the putative scientific standard of proof correlates with the legal standards of proof. In legal formulas, the burden of persuasion is imposed by the law of evidence on one or another party to help facilitate and structure decisions. In decision theoretic formulas, a method for arriving at quantitative interpretation of the burdens of persuasion is provided. Litigants and judges may require the statistical or hypothesis testing of quantitative scientific evidence for acceptance in the scientific community.
- Subjects
ACTIONS &; defenses (Law); CIVIL law; LEGAL evidence; LEGAL procedure; JUDGES; LEGAL professions
- Publication
Law & Contemporary Problems, 1983, Vol 46, Issue 4, p13
- ISSN
0023-9186
- Publication type
Article
- DOI
10.2307/1191592