Showing 1 - 10 of 13
An arbiter can decide a case on the basis of his priors, or the two parties to the conflict may present further evidence. The parties may misrepresent evidence in their favor at a cost. At equilibrium the two parties never testify together. When the evidence is much in favor of one party, this...
Persistent link: https://www.econbiz.de/10009276043
Cet article développe un modèle simple permettant d’analyser les dispositifs fondamentaux de la preuve judiciaire. Le survol est centré sur les notions de charge de la preuve, de présomptions légales, de normes de preuve, sur le rôle de la procédure et le pouvoir d’initiative du juge....
Persistent link: https://www.econbiz.de/10008833197
A key element of government is to uphold law and order. This paper will evaluate the impact of slow judiciaries on entrepreneurship. In 2002 a judicial reform was implemented in 6 of Pakistan's 117 districts to facilitate rapid case disposal. Drawing on a panel dataset of 875 district judges'...
Persistent link: https://www.econbiz.de/10005015268
This paper attempts to measure the causal impact of the speed of judiciaries on economic activity by using two novel instrumental variables measuring judicial procedural ambiguity and complexity. First, I find that temporally exogenous conflicting judicial decisions taken in India due to the...
Persistent link: https://www.econbiz.de/10005015285
Law enforcement is decentralized. It is so despite documented interjurisdictional externalities which would justify its centralization. To explain this fact, we construct a political economy model of law enforcement. Under decentralization, law enforcement in each region is in accord with the...
Persistent link: https://www.econbiz.de/10005015303
We analyze the efficiency properties of the negligence rule with liability insurance, when the tort-feasor's behavior is imperfectly observable both by the insurer and the court. Efficiency is shown to depend on the extent to which the evidence is informative, on the evidentiary standard for...
Persistent link: https://www.econbiz.de/10005015315
Two firms produce a product with a horizontal and a vertical characteristic. We call the vertical characteristics quality. The difference in the quality levels determines how the firms share the market. Firms know the quality levels, consumers do not. Under non-comparative advertising a firm may...
Persistent link: https://www.econbiz.de/10005015317
This paper examines the consequences of slow judiciaries on firms' contracting behaviour in India. After deriving testable implications from a game theoretical model, I examine how case pendency rates in India's state courts affect the contracting behaviour of 170,000 small non-agricultural...
Persistent link: https://www.econbiz.de/10005015318
An arbiter can decide a case on the basis of his priors or he can ask for further evidence from the two parties to the conflict. The parties may misrepresent evidence in their favor at a cost. The arbiter is concerned about accuracy and low procedural costs. When both parties testify, each of...
Persistent link: https://www.econbiz.de/10005015323
This paper investigates the impact of judiciaries on firms' contracting behaviour and economic performance. In 2002, the Code of Civil Procedure Amendment Act was enacted in India to facilitate speedy disposal of civil suits. Some State High Courts hal already enacted some of the amendments...
Persistent link: https://www.econbiz.de/10005015327