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Uncertainty of Law and the Legal Process
Dari-Mattiacci, Guiseppe; Deffains, Bruno - 2006
and deters parties from settling disputes out of court. In contrast, the law is certain ex post: litigation fosters the … of a legal system (kept under control by litigation) and its litigation rate (sustained by uncertainty). We describe such … equilibrium rates in a model of tort litigation, study how they are affected by different policies, and compare the costs and …
Persistent link: https://www.econbiz.de/10010325161
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Uncertainty of law and the legal process
Dari-Mattiacci, Guiseppe; Deffains, Bruno - 2005
and deters parties from settling disputes out of court. In contrast, the law is certain ex post: litigation fosters the … of a legal system (kept under control by litigation) and its litigation rate (sustained by uncertainty). We describe such … equilibrium rates in a model of tort litigation, study how they are affected by different policies, and compare the costs and …
Persistent link: https://www.econbiz.de/10011349216
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Uncertainty of Law and the Legal Process
Dari-Mattiacci, Guiseppe; Deffains, Bruno - Tinbergen Institute - 2006
and deters parties from settling disputes out of court. In contrast, the law is certain ex post: litigation fosters the … of a legal system (kept under control by litigation) and its litigation rate (sustained by uncertainty). We describe such … equilibrium rates in a model of tort litigation, study how they are affected by different policies, and compare the costs and …
Persistent link: https://www.econbiz.de/10005137255
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Uncertainty of Law and the Legal Process.
Dari-Mattiacci, Giuseppe; Deffains, Bruno - Bureau d'Économie Théorique et Appliquée (BETA), … - 2006
rules efficiently? Is there an optimal mix of litigation and legislation? The law is inevitably subject to a certain degree … settling disputes out of court. Conversely, the law is necessarily certain ex post: litigation fosters the creation of … system (kept under control by litigation) and its litigation rate (sustained by uncertainty). We describe such equilibrium …
Persistent link: https://www.econbiz.de/10005385254
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The dynamics of the legal system
Dari-Mattiacci, Giuseppe; Deffains, Bruno; Lovat, Bruno - In: Journal of Economic Behavior & Organization 79 (2011) 1, pp. 95-107
We present a dynamic model of noncontractual litigation in which the parties’ decision whether to litigate depends on … sheds new light on the causes for high litigation rates and on judge-made law versus statutes. …
Persistent link: https://www.econbiz.de/10010576966
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Indemnisation des préjudices et fréquence des procès en présence d'une asymétrie d'informaion sur l'aversion au risque des parties
Langlais, Eric - Volkswirtschaftliche Fakultät, … - 2005
The paper addresses the issue of the impact of asymmetric information on risk aversion of litigant parties in a model à la Bebchuk. First we study the case where the plaintif is the informed party, and characterize the equilibrium with and without a pretrial negociation round. Then, we focuse...
Persistent link: https://www.econbiz.de/10005789358
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A Theory of Rational Jurisprudence
Baker, Scott; Mezzetti, Claudio - Department of Economics, Faculty of Business and Economics - 2012
We examine a dynamic model of up-or-down problem solving. A decision maker can either spend resources investigating a new problem before deciding what to do, or decide based on similarity with precedent problems. Over time, a decision making framework, or jurisprudence, develops. We focus on the...
Persistent link: https://www.econbiz.de/10010903411
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Judicial Performance and its Determinants: A Cross-Country Perspective
Palumbo, Giuliana; Giupponi, Giulia; Nunziata, Luca; … - Economics Department, Organisation de Coopération et … - 2013
lower litigation, which in turn can shorten trial length. Free negotiation of lawyers’ fees also appears to be associated … with lower litigation. …
Persistent link: https://www.econbiz.de/10011276726
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Some Problems of Jurisprudence Concerning the Difference between Delictual Liability and Contractual Liability
Madalina, Botina; Georgiana, Pangrate Alina - In: Ovidius University Annals, Economic Sciences Series XIII (2013) 2, pp. 83-86
In the sphere of civil law, more specifically, in the matter of civil obligations, the notion of risk is involved for involvement in crimes or for non-contractual obligations arising out of the legal relations. Each of these types of risk are generated by nature and source of the obligation. I...
Persistent link: https://www.econbiz.de/10010747244
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Do judges react to the probability of appellate review? Empirical evidence from trial court procedures
Berlemann, Michael; Christmann, Robin - 2014
The appellate review system is intended to serve as an efficient remedy for imperfect judicial decision making. However, it can fulfill this task only when appeals are filed solely due to bad verdicts and are ex-ante unpredictable based on factors that are exogenous to the judge. Using data from...
Persistent link: https://www.econbiz.de/10011310656