Module 3

Finding the facts: evidence, credibility, burden and standard of proof, and the traps in judging people

Most disputes are not about what the law is. They are about what happened. A judge who finds the facts wrongly will apply the law perfectly to the wrong story, and the result will be unjust however good the legal reasoning. Fact-finding is therefore the most important part of a judge’s work at trial level, and also the part that is hardest to teach, because it is about judging people, memory and probability. The rules of evidence and proof give a framework, but the weighing is done by a human being who is as prone to error as anyone. This module covers the burden and standard of proof, how to weigh different kinds of evidence, how to assess credibility, how to draw inferences, how to treat experts and the habits that guard against bias. The Standard-of-Proof Meter in the labs lets you see what ‘enough’ means and where chains of probable facts mislead.

General education on the work of a judge across legal systems, using invented people, courts and cases. It is not legal or career advice. Judicial procedure, codes of conduct, standards of proof and routes to the bench differ between countries and change: check the rules that apply to you with the judicial authority and the profession.