Speedy Adjudication in Hard Cases and Low Settlement Rates in Easy Cases: An Empirical Analysis of Taiwan Courts with Comparison to U.S. Federal Courts

Yun-chien Chang & William Hubbard, 2019, “An Empirical Analysis of Taiwan Courts with Comparison to U.S. Federal Courts”, editor(s): Yun-chien Chang, Selection and Decision in Judicial Process Around the World: Empirical Inquires, Cambridge: Cambridge University Press.

University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 866

NYU Law and Economics Research Paper No. 19-02

51 Pages Posted: 26 Feb 2018 Last revised: 6 Feb 2019

See all articles by Yun-chien Chang

Yun-chien Chang

Academia Sinica - Institutum Iurisprudentiae (IIAS); New York University School of Law

William H. J. Hubbard

University of Chicago Law School

Date Written: December 24, 2018

Abstract

This book chapter compares civil litigation in the courts of first and second instance in Taiwan in 2010–2015 with that in U.S. federal courts in 2010–2013. The two judicial systems, as expected, are different in many ways. Settlement rates in Taiwan, even broadly defined, were below 25%; in U.S. federal court, they exceeded 70%. In Taiwan, summary judgments were basically non-existent; in U.S. federal court, they represented nearly a third of merits judgments. Rates of appeal in Taiwan were nearly 10 times higher (27% versus 3%) than in the U.S. federal courts. And yet judges in Taiwan, at least those in the court of first instance, handled cases more quickly than their colleagues in the U.S. federal courts—indeed, twice as fast. Yet, the two judicial systems responded similarly when encountering simple debt-collection cases. These cases, large in number in both systems, failed to settle as standard theories would predict. Instead, these disputes were frequently resolved through default judgments. This chapter provides suggestions for future empirical comparative studies of civil procedure and litigation.

Keywords: Summary judgment, default judgment, settlement, appeal, speed, debt collection

JEL Classification: K41

Suggested Citation

Chang, Yun-chien and Hubbard, William H. J., Speedy Adjudication in Hard Cases and Low Settlement Rates in Easy Cases: An Empirical Analysis of Taiwan Courts with Comparison to U.S. Federal Courts (December 24, 2018). Yun-chien Chang & William Hubbard, 2019, “An Empirical Analysis of Taiwan Courts with Comparison to U.S. Federal Courts”, editor(s): Yun-chien Chang, Selection and Decision in Judicial Process Around the World: Empirical Inquires, Cambridge: Cambridge University Press.; University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 866; NYU Law and Economics Research Paper No. 19-02. Available at SSRN: https://ssrn.com/abstract=3128714

Yun-chien Chang (Contact Author)

Academia Sinica - Institutum Iurisprudentiae (IIAS) ( email )

128 Academia Sinica Rd., Sec. 2
Nankang
Taipei City, 11529
Taiwan

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

William H. J. Hubbard

University of Chicago Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States
773-834-8999 (Phone)

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