Trial Selection Theory and Evidence

Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Book Chapter

Publication Date

3-2012

Editor(s)

C.W. Sanchirico

ISBN

9781847208248

Publisher

Edward Elgar Publishing Ltd

Language

en-US

Abstract

This chapter presents a review of trial selection theory. We use the term “trial selection theory” to refer to 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. Using this definition, trial selection theory can be said to have started with Priest and Klein (1984).

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