Trial Selection Theory and Evidence: A Review
Keith N. Hylton and Haizhin Lin
Boston University School of Law Working Paper 09-27
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.
Keywords: trial selection theory, trial outcome, plaintiff win rate, Priest-Klein model, Landes-Posner-Gould settlement model
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Suggested Citation:
Keith N. Hylton and Haizhin Lin, "Trial Selection Theory and Evidence: A Review," Forthcoming in ENCYLCOPEDIA OF LAW AND ECONOMICS: Volume X: Procedural Law and Economics, edited by Chris Sanchirico (Edward Elgar Publisher).
Contact Information
Keith N. HyltonBoston University School of Law
765 Commonwealth Avenue
Boston, MA 02215
E-Mail: knhylton@bu.edu
Haizhen Lin
Assistant Professor of Business Economics
Indiana University, Bloomington
Kelley School of Business
E-Mail: hzlin@indiana.edu