• Trials as contested issues of fact
• Who has the burden of proving a fact in question? (Burden of proof)
• What test will be applied to determine whether sufficiently weighty evidence has been called to discharge that burden? (Standard of proof)

READINGS

1. Larry Laudan, (2003). ‘Is Reasonable Doubt Reasonable?’, Legal Theory, 9: 295–331.

Further Reading

1. Kola Abimbola (2001). ‘Abductive Reasoning in Law: Taxonomy and Inference to the Best Explanation’, Cardozo Law Review, 22(4-5): 1683-1689.