Edward Elgar Publishing Ltd
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).
Keith N. Hylton & Haizhen Lin,
Trial Selection Theory and Evidence
Encyclopedia of Law and Economics: Procedural Law and Economics
(C.W. Sanchirico ed., 2nd
Available at: https://scholarship.law.bu.edu/faculty_scholarship/188