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Judges and juries frequently must decide, knowing that they do not know everything that would be relevant for deciding the case. The law uses two related institutions for enabling courts to nonetheless decide the case: the standard of proof, and the burden of proof. In this paper, we contrast a...
Persistent link: https://www.econbiz.de/10011349372
In an experimental study we investigated effects of information amount and legal training on the judgment accuracy in legal cases. In a two (legal training: yes vs. no) x two (information amount: high vs. low) between-subjects design, 90 participants judged the premeditation of a perpetrator in...
Persistent link: https://www.econbiz.de/10008662622
The market for law professors fulfils the conditions for a hog cycle: in the short run, supply cannot be extended or limited; future law professors must be hired soon after they first present themselves, or leave the market; demand is inelastic. Using a comprehensive German dataset, we show that...
Persistent link: https://www.econbiz.de/10009526029
In an experimental study we investigated effects of information amount and legal training on the judgment accuracy in legal cases. In a two (legal training: yes vs. no) x two (information amount: high vs. low) between-subjects design, 90 participants judged the premeditation of a perpetrator in...
Persistent link: https://www.econbiz.de/10010286683
The German Basic Law is open for an interpretation that would allow the Constitutional Court to test the normative adequacy of most statutes. If the court does, it could be modelled as the supervisor of the legislator, i.e., of the agent of the people. The model predicts collusion between the...
Persistent link: https://www.econbiz.de/10011579782
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The German constitution stands out for the exceptionally powerful position of the Constitutional Court. Any governmental intervention into freedom, and any unequal treatment, are constitutional issues. And any inhabitant can attack any administrative act, and any piece of legislation, in the...
Persistent link: https://www.econbiz.de/10011582390
Apparently judges’ decisions are not motivated by maximizing their own profit. The literature uses two strategies to explain this observation: judges care about the long-term monetary consequences for themselves, or individuals who are more strongly motivated by the common good self-select...
Persistent link: https://www.econbiz.de/10011553361