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What is Legal Truth vs. Substantive Truth Analysis about?
This document discusses the relationship between formal legal truth (what is found as fact by a legal fact-finder like a judge or jury) and substantive truth (the actual facts) in judicial fact-finding. It notes that while finding the truth is an important goal, formal legal truth may sometimes diverge from substantive truth for justified reasons. There are two types of cases where this can occur - cases where the divergence is accidental due to limitations of the legal process, and cases where rules of evi
- Author
- Lena Bîrca
- Language
- EN