Abstract

This Article examines a disturbing trend in civil litigation: the demise of the jury’s historic prerogative to draw inferences from circumstantial evidence. Judges have arrogated to themselves the power to dismiss cases if they find the proffered inferenc

Keywords

civil litigation, circumstantial evidence, juries, equal-inference rule, inferences, plausibility, demeanor evidence, witness credibility, state of mind, pleading, summary judgment

Publication Date

2014

Document Type

Article

Place of Original Publication

Boston College Law Review

Publication Information

55 Boston College Law Review435 (2014)

Included in

Litigation Commons

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COinS Andrew S. Pollis Faculty Bio