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Two opposed parties seek to influence an uninformed decision maker. They invest in acquiringinformation and select what to disclose. The decision maker then adjudicates. We compare thisbenchmark with a procedure allowing adversarial cross-examination. A cross-examiner tests theopponent in order...
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We analyze the complementarity between legal incentives (the threat of being held liable for damages) and normative incentives (the fear of social disapproval or stigma) in situations where instances of misbehavior are not perfectly observable. There may be multiple equilibria within a given...
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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/10014052799
We analyze the design of legal principles and procedures for court decision-making in civil litigation. The objective is the provision of appropriate incentives for potential tort-feasors to exert care, when evidence about care is imperfect and may be distorted by the parties. Efficiency is...
Persistent link: https://www.econbiz.de/10014055375
We examine how long-term life insurance contracts can be designed to incorporate uncertain future bequest needs. An individual who buys a life insurance contract early in life is often uncertain about the future financial needs of his or her family, in the event of an untimely death. Ideally,...
Persistent link: https://www.econbiz.de/10013316710
We compare fault-based and strict liability offences in law enforcement when behavior is influenced by informal prosocial norms of conduct. Fault tends to be more effective than strict liability in harnessing social or self-image concerns. When enforcement relies on fines and assessing fault is...
Persistent link: https://www.econbiz.de/10013015053
This article develops a simple model using the economist's toolkit to analyze the mechanism of judicial proof. The survey focuses on the notions of burden of proof, legal presumptions, standard of proof, on legal procedure and on the judge's role during the proceedings. The rules of proof are...
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