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A Foundation Theory of Evidence

Authors: David S. Schwartz;

A Foundation Theory of Evidence

Abstract

This article argues that foundation, not relevance, embodies our fundamental understanding of admissible evidence. The foundation principle - only partially and somewhat obliquely stated in the Federal Rules of Evidence - is a requirement that evidence be case-specific, assertive and probably true. As such, it is a logical precondition for relevance, which is a concept subsidiary to foundation. A foundation-based theory of evidence explains, in a way that a relevance-based theory cannot, how the basic requirements of admissible evidence connect to the fundamental understanding of legal claims. Specifically, the foundation requirement is simply an extension of the general requirement that legal remedies must be based on probably true claims. A claim for relief cannot be more true than the least probable evidentiary fact needed to help prove that claim. Evidentiary facts, which must of necessity be significantly more detailed than the overall factual claim, must therefore be probably true. The foundation theory resolves certain paradoxes and longstanding problems in evidence theory, and sets out a new account of foundation, which has been widely misunderstood by evidence commentators.

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citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
2
Average
Average
Average
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