Trial Selection Theory and Evidence: A Review
Keith N. Hylton
William Fairfield Warren Distinguished Professor, Boston University; Professor of Law, Boston University School of Law
May 20, 2009
ENCYCLOPEDIA OF LAW AND ECONOMICS: PROCEDURAL LAW AND ECONOMICS, Chris Sanchirico, ed., Vol. X, Edward Elgar Publishing
Boston Univ. School of Law Working Paper No. 09-27
Trial selection theory consists of models that attempt to explain or predict the characteristics that distinguish cases that are litigated to judgment from those that settle, and the implications of those characteristics for the development of legal doctrine and for important trial outcome parameters, such as the plaintiff win rate. This paper presents a review of trial selection theory and evidence. We start with a review of the literature, and then present a model that includes Priest-Klein and asymmetric information theories as special cases. We conclude with a review of the empirical evidence.
Number of Pages in PDF File: 28
Keywords: trial selection theory, trial outcome, plaintiff win rate, Priest-Klein model, Landes-Posner-Gould settlement modelAccepted Paper Series
Date posted: May 20, 2009 ; Last revised: November 9, 2009
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