Formal legal truth and substantive truth in judicial fact-finding -- their justified divergence in some particular cases

Law and Philosophy 18 (5):497 - 511 (1999)
Abstract
Truth is a fundamental objective of adjudicative processes; ideally, substantive as distinct from formal legal truth. But problems of evidence, for example, may frustrate finding of substantive truth; other values may lead to exclusions of probative evidence, e.g., for the sake of fairness. Jury nullification and jury equity. Limits of time, and definitiveness of decision, require allocation of burden of proof. Degree of truth-formality is variable within a system and across systems.
Keywords burden of proof  evidence  formal legal truth  jury  legal values  substantive truth  truth
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