Legal process

12 important questions on Legal process

What causes settlements and what causes trials?

Voluntary disclosure of information corrects false optimism which promotes settlements.
Involuntary disclosure of information corrects false pessimism which promotes trials.

What is the role of the judge in Europe?

The judge takes an inquisitorial procedure in which he has an active role in developing arguments and exploring evidence

What is the role of the judge in US?

The judge takes an adversical procedure in which he referees a contest between opposing attorneys.
  • Higher grades + faster learning
  • Never study anything twice
  • 100% sure, 100% understanding
Discover Study Smart

What is the effect of voluntary pooling of information on costs?

It reduces social costs: administrative and error

What is the effect on discovery of information on social costs?

Discovery has an ambiguous effect on administrative costs because you can't know if it encourages or discourages settlements. But in lowers errors costs.

What happens when the difference in expected judgement is higher than the difference between litigation costs and social costs?

The expected surplus from settling becomes negative, and trial is inevitable.

What are the three variables upon which lawyers focus?

1. time spent working
2. services performed
3. outcome of the dispute

What incentive does hourly billing gives to the lawyer?

The lawyers externalize the costs of working, and thus devote too much time to it

What incentive does fee-for-services gives to the lawyers?

Causes lawyers to internalize the cost of additional time spent on the service and to externalize the benefit, which gives lawyers an incentive to devote too little time to performing many services. Also lawyers may not have an incentive to provide trust worthy information to their clients.

Jointly and several liability with contribution definition

Allows C to sue A or B separately or jointly for any amounts whose sum does not exceed 100%. This causes C's expected value of litigation to increase. This makes settlements more difficult and trial more likely.

Class action suit

When a plaintiff brings an action on behalf of a class of plaintiffs.

Segmented vs Unitary Trials

Economies of scope favor unitary trials. Segmented trials can save transaction costs through preclusive disposition.

The question on the page originate from the summary of the following study material:

  • A unique study and practice tool
  • Never study anything twice again
  • Get the grades you hope for
  • 100% sure, 100% understanding
Remember faster, study better. Scientifically proven.
Trustpilot Logo