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Does the accuracy of verdicts improve or worsen if individual jurors on a panel are barred from deliberating prior to casting their votes? I study this question in a model where jurors can choose to exert costly effort to improve the accuracy of their individual decisions. I find that, provided...
Persistent link: https://www.econbiz.de/10015256506
Parties engaged in a litigation generally enter the discovery process with different informations regarding their case and/or an unequal endowment in terms of skill and ability to produce evidence and predict the outcome of a trial. Hence, they have to bear different legal costs to assess the...
Persistent link: https://www.econbiz.de/10015262043
This paper analyzes asymmetrically informed litigants' incentives to settle when they anticipate the possibility of appeals. It identifies a strategic effect, which induces a litigant to negotiate pretrial so as to optimize her posttrial bargaining position, and an information effect, which...
Persistent link: https://www.econbiz.de/10015244616
We study the impact of plea bargaining on decision errors and operating costs of the inquisitorial justice system. Scholars and legal professionals are divided over whether such plea deals are compatible with the inquisitorial tradition. In this paper, we stylize inquisitorial criminal procedure...
Persistent link: https://www.econbiz.de/10015250274
The legal community has been debating the question of who should select and provide expert witnesses at trial: the litigant or the judge? Using a persuasion-game framework, I show that there is a trade-off. On the one hand, the litigant is willing to consult an expert even when the judge is...
Persistent link: https://www.econbiz.de/10015250870
The history of the admissibility standard for expert testimony in American courtrooms reveals that the standard has gradually increased to a high level since a series of important decisions by the Supreme Court. Whether such a stringent standard for expert testimony is beneficial or detrimental...
Persistent link: https://www.econbiz.de/10015250873
Following its landmark decisions in Bell Atlantic v. Twombly and Ashcroft v. Iqbal, the Supreme Court allows federal judges to dismiss cases when the plaintiff's allegations are conclusory or implausible, thereby increasing the judges' discretionary power in pleading stages of litigation. Using...
Persistent link: https://www.econbiz.de/10015251024
The last few decades have seen a dramatic shift in the admissibility of expert testimony in American courtrooms from a laissez-faire approach to a strict standard for admissibility, often called the Daubert test. The implicit rationale behind such a stringent standard for admissibility is the...
Persistent link: https://www.econbiz.de/10015251108
Резюме: Научният анализ представя общата характеристика на съдебното исково производство за установяване на трудов и/или осигурителен стаж. Аспектите на...
Persistent link: https://www.econbiz.de/10015213258
Public insurers face trade-offs between the individual and collective benefits they can provide given limited resources. Drug expenditure is one of the largest components of health spending and it is not clear cut what should be readily available. We study litigation as a safety valve using data...
Persistent link: https://www.econbiz.de/10015213274