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Appealing Judgments

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Author Info
Andrew F. Daughety
Jennifer F. Reinganum

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Abstract

We use axiomatic and Bayesian methods to model information and decisions in a hierarchical judicial system. Axioms represent constraints that rules of evidence, procedure, and higher court review impose at the trial level; a one-parameter family of functions provides their unique continuous solution. This generates a type space for the appeals stage wherein the appellant and the appeals court each receive private signals of a yet superior court's value of the parameter, reflecting its interpretation of the law. The appeals court uses the defendant's choice about appeal to improve its estimate of the superior court's interpretation of the law.

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Publisher Info
Article provided by The RAND Corporation in its journal RAND Journal of Economics.

Volume (Year): 31 (2000)
Issue (Month): 3 (Autumn)
Pages: 502-526
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Handle: RePEc:rje:randje:v:31:y:2000:i:autumn:p:502-526

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  1. Jesse Bull, 2006. "Costly Evidence Production and the Limits of Verifiability," Working Papers 0611, Florida International University, Department of Economics. [Downloadable!]
  2. Steven Shavell, 2004. "The Appeals Process and Adjudicator Incentives," NBER Working Papers 10754, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  3. Dominique Demougin & Claude Fluet, 2002. "Preponderance of Evidence," CIRANO Working Papers 2002s-61, CIRANO. [Downloadable!]
    Other versions:
  4. Claude Fluet, 2002. "Enforcing Contracts: Should Courts Seek the Truth?," Cahiers de recherche 0202, CIRPEE. [Downloadable!]
    Other versions:
  5. Andrew F. Daughety & Jennifer F. Reinganum, 2007. "Mass Torts and the Incentives for Suit, Settlement, and Trial," Working Papers 0713, Department of Economics, Vanderbilt University. [Downloadable!]
  6. Bharat Anand & Ron Shachar, 2007. "(Noisy) communication," Quantitative Marketing and Economics, Springer, vol. 5(3), pages 211-237, September. [Downloadable!] (restricted)
  7. Dominique Demougin & Claude Fluet, 2007. "Rules of Proof, Courts, and Incentives," CESifo Working Paper Series CESifo Working Paper No. , CESifo Group Munich. [Downloadable!]
    Other versions:
  8. Winand Emons & Claude Fluet, 2007. "Accuracy versus Falsification Costs: the Optimal Amount of Evidence under Different Procedures," Cahiers de recherche 0703, CIRPEE. [Downloadable!]
    Other versions:
  9. Kamphorst, Jurjen J.A. & Van Velthoven, Ben C.J., 2006. "The introduction of an appeals court in Dutch tax litigation," MPRA Paper 2008, University Library of Munich, Germany, revised 27 Apr 2006. [Downloadable!]
    Other versions:
  10. Claude Fluet, 2006. "Liability Rules under Evidentiary Uncertainty," Cahiers de recherche 0606, CIRPEE. [Downloadable!]
  11. Levy, Gilat, 2003. "Careerist Judges," CEPR Discussion Papers 3948, C.E.P.R. Discussion Papers. [Downloadable!] (restricted)
  12. Jesse Bull & Joel Watson, 2002. "Evidence Disclosure and Verfiability," University of California at San Diego, Economics Working Paper Series 2000-16R, Department of Economics, UC San Diego. [Downloadable!]
    Other versions:
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