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This paper investigates the preponderance of the evidence standard. The aim is to make clear what preponderance of the evidence means and when it is optimal. By defining the circumstances under which it is optimal, it will also become clear when the standard is not appropriate, namely when the circumstances do not apply.
Using statistical decision theory tech-niques, he demonstrated that, if the true state of affairs could be ascer-tained, the average incorrect payment made under the preponderance-of-the-evidence rule would be less than the average incorrect payment made under the expected value rule.8.
- Neil Orloff, Jery Stedinger
- 1983
Dec 16, 2020 · PDF | On Dec 16, 2020, Wendy Chan and others published The Implications of Population Changes on Generalization and Study Design | Find, read and cite all the research you need on...
Jun 18, 2002 · This paper defines the preponderance of the evidence standard and establishes it as a benchmark, optimal under certain idealized conditions. The main conditions are: only efficiency matters (not fairness); people are risk–neutral; sanctions are socially cost–free; and a suit may be brought even if no violation of the law has occurred.
Jul 16, 2014 · Although much has been written on the history of the requirement of proof of crimes beyond a reasonable doubt, this is the first study to probe the history of its civil counterpart, proof by a preponderance of the evidence.
- John Leubsdorf
- 2014
Jan 1, 2006 · PDF | On Jan 1, 2006, Claude Fluet and others published Preponderance of evidence | Find, read and cite all the research you need on ResearchGate
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Jan 1, 2009 · There were five logical possibilities: 1) the study showed essentially zero difference (Z), 2) the study was negative (weight gain) or 3) positive (weight loss), but not statistically significantly so (N and P, respectively), or the study was 4) significantly negative (SN) or 5) significantly positive (SP).