Adding a numerical description to civil standard of proof jury instructions : probabilistic evidence still defies correct liability assignment

Abstract

Responses from 67 law students were obtained using an online study that presented a mock civil jury trial. Each participant was asked to determine liability. The study explores whether more correct assignment of liability occurs when the verbal “more probable than not” standard of proof is also quantified as a 51% probability, and when probabilistic evidence establishes a 70%, 51% or 50.01% likelihood of liability.