Tendencias actuales del derecho probatorio civil de los Estados Unidos
This article discusses current trends in civil probatory law in the United States based on its fundamental concepts such as burden of proof, presumptions, burden of production, burden of persuasion, reversal of burden of proof, and discovery of evidence, as institutions that are part of so-called Am...
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Format: | Article |
Language: | Spanish |
Published: |
2020
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Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7546497 |
Source: | Estudios de derecho, ISSN 0120-1867, Vol. 77, Nº. 170, 2020, pags. 149-166 |
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Summary: |
This article discusses current trends in civil probatory law in the United States based on its fundamental concepts such as burden of proof, presumptions, burden of production, burden of persuasion, reversal of burden of proof, and discovery of evidence, as institutions that are part of so-called American exceptionalism. All of the above is analyzed taking into account some characteristics of common law legal tradition, such as juries and standards of proof. These institutions are in contrast to the institutions of civil probatory law in civil law countries. |
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