Trial Selection Theory and Evidence: A Review
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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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 InformationKeith N. Hylton
Boston University School of Law