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Courts as Casinos? An Empirical Investigation of Randomness and Efficiency in Civil Litigation

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  • Osborne, Evan

Abstract

For a variety of reasons, the U.S. legal system has been accused of performing poorly because of the haphazard way in which courts assess liability and award damages. This article examines the relation of court awards to the pretrial expectations of litigants and their attorneys and to measurable, economically relevant damages. Court awards are highly predictable, as variance in expectations explains much of the variance in awards. In addition, awards are significantly related to both medical costs and property damage. The hypothesis of a highly unpredictable court system is conclusively rejected. Copyright 1999 by the University of Chicago.

Suggested Citation

  • Osborne, Evan, 1999. "Courts as Casinos? An Empirical Investigation of Randomness and Efficiency in Civil Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 28(1), pages 187-203, January.
    • Handle: RePEc:ucp:jlstud:v:28:y:1999:i:1:p:187-203
    DOI: 10.1086/468049
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    Cited by:

    1. WARBURTON, Christopher E.S., 2019. "Uneasy Coexistence: Profit Maximization And Affordable Healthcare In The Us," Applied Econometrics and International Development, Euro-American Association of Economic Development, vol. 19(1), pages 55-80.
    2. Leif Danziger & Eliakim Katz, 2019. "Compensation in Personal Injury Cases: Mean or Median Income?," CESifo Working Paper Series 7748, CESifo.
    3. Leif Danziger & Eliakim Katz, 2019. "Compensation in personal injury cases: mean or median income?," European Journal of Law and Economics, Springer, vol. 48(2), pages 291-303, October.
    4. Leif Danziger & Eliakim Katz, 2017. "Compensation for Loss of Work Income in Personal Injury Cases," CESifo Working Paper Series 6570, CESifo.
    5. Danziger, Leif & Katz, Eliakim, 2019. "Compensation in Personal Injury Cases: Mean or Median Income?," IZA Discussion Papers 12466, Institute of Labor Economics (IZA).
    6. Santolino, Miguel, 2010. "Determinants of the decision to appeal against motor bodily injury judgements made by Spanish trial courts," International Review of Law and Economics, Elsevier, vol. 30(1), pages 37-45, March.
    7. Enrico Colombatto, 2007. "It was the rule of law. Will it be the rule of judges?," ICER Working Papers 41-2007, ICER - International Centre for Economic Research.

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