Trial Selection Theory and Evidence: A Review
ENCYCLOPEDIA OF LAW AND ECONOMICS: PROCEDURAL LAW AND ECONOMICS, Chris Sanchirico, ed., Vol. X, Edward Elgar Publishing
28 Pages Posted: 20 May 2009 Last revised: 13 May 2014
Date Written: May 20, 2009
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.
Keywords: trial selection theory, trial outcome, plaintiff win rate, Priest-Klein model, Landes-Posner-Gould settlement model
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