Rs. Summers, Formal legal truth and substantive truth in judicial fact-finding - Their justified divergence in some particular cases, LAW PHILOS, 18(5), 1999, pp. 497-511
Truth is a fundamental objective of adjudicative processes; ideally, 'subst
antive' as distinct from 'formal legal' truth. But problems of evidence, fo
r example, may frustrate finding of substantive truth; other values may lea
d to exclusions of probative evidence, e.g., for the sake of fairness. 'Jur
y nullification' and 'jury equity'. Limits of time, and definitiveness of d
ecision, require allocation of burden of proof. Degree of truth-formality i
s variable within a system and across systems.