Logical inference of evidence: analysis of simulation processes based on evidential reasoning of context

Abstract

This paper outlines the results of a research study aiming to analyse the prevailing standard of probability in relation to both evidence and context as means of proof in simulation proceedings in Colombian civil law. The fundamental contribution of this research study is to prioritise the logical-valuative judgements made by the judge when analysing the context circumstantial evidence in court ruling on simulated legal transactions. The question to be addressed, by means of a basic legal, analytical, systematic and hermeneutic methodology, is the following: Does context evidence constitute a limit to the standards of circumstantial evidence in decisions on simulation proceedings? The paper concludes that, although it does not constitute a valuation limit, it does allow the development of the prevailing probability standard with respect to simulation.

Keywords

• court ruling
• standard of proof
• circumstantial evidence
• context evidence
• simulation