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, and litigation stages---and we test the predictions using experimental data. In line with the theory, the inquisitorial …This paper analyzes deterrence, settlement, and litigation spending under two alternative procedural regimes, i.e., the … adversarial versus inquisitorial systems. We present a general litigation model with three sequential stages---care, settlement …
Persistent link: https://www.econbiz.de/10013214493
The Fifth Amendment guarantees criminal defendants the right to silence, blocking the court from drawing adverse inferences from the defendant's silence. This article investigates the conditions under which extending such protection to civil defendants might increase (or decrease) social...
Persistent link: https://www.econbiz.de/10013147657
The conduct of adjudication is often influenced by motions––requests made by litigants to modify the course of adjudication. The question studied in this article is why adjudication should be designed so as to permit the use of motions. The answer developed is that litigants will naturally...
Persistent link: https://www.econbiz.de/10011923694
the litigation cost is low, firms accept the cost as just another cost of doing business, whereas when the cost is high …, the firms lower the price to deter litigation. Class action is modeled as a mechanism that allows plaintiffs and attorneys …
Persistent link: https://www.econbiz.de/10012120107
litigation about trivia, which in ordinary proceedings is controlled by the de minimis judex non curat rule. Furthermore, the …
Persistent link: https://www.econbiz.de/10012862625
The basic rule in civil litigation is that the plaintiff carries the burden of proof and the general standard of proof … the actual standard of proof in civil litigation is higher than 51%. This phenomenon is likely due to factfinders …
Persistent link: https://www.econbiz.de/10014181038
The advantage of the adversarial regime of judicial decision-making is the superior information of the parties while the advantage of an idealized inquisitorial regime is its neutrality. We model the tradeoff by characterizing the properties of costly estimators used by each regime. The...
Persistent link: https://www.econbiz.de/10014184520
In a model of pretrial bargaining under asymmetric information, we analyze the defendant’s threat to proceed to trial in the face of a rejected offer. The incidence of trial is lower when the defendant’s constraint is binding compared with the unconstrained case. The signs of some of the...
Persistent link: https://www.econbiz.de/10014160743
can increase litigation costs. These negative effects should be accounted for when setting a pleading standard. Our … costs of litigation …
Persistent link: https://www.econbiz.de/10014147202
The information that is created and disseminated through the litigation process can have social value. When economic … incentives to create valuable public information through litigation …
Persistent link: https://www.econbiz.de/10014071267