Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Book Chapter

Publication Date

4-2009

Publisher

Boston University School of Law

Language

en-US

Abstract

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.

Comments

Published as: "Trial Selection Theory and Evidence: A Review," in Encyclopedia of Law and Economics: Procedural Law and Economics, 2d ed., Chris Sanchirico, ed., Edward Elgar Publishing, 487 (2012).

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