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Jurors, Judges, and the Mistreatment of Risk by the Courts

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  • Viscusi, W Kip

Abstract

A sample of almost 500 jury-eligible citizens considered a series of experimental situations involving accidents. The juror sample did not properly apply negligence rules, as their errors were particularly great for low-probability, large-loss cases. They also penalized corporations for undertaking corporate risk analyses that seek to trade off cost versus risk reduction benefits. Jurors' damages assessments were also more prone to error than were responses by a sample of state judges. Judges were less prone to erroneous risk beliefs and less subject to the zero-risk mentality. Copyright 2001 by the University of Chicago.

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Bibliographic Info

Article provided by University of Chicago Press in its journal Journal of Legal Studies.

Volume (Year): 30 (2001)
Issue (Month): 1 (January)
Pages: 107-42

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Handle: RePEc:ucp:jlstud:v:30:y:2001:i:1:p:107-42

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Web page: http://www.journals.uchicago.edu/JLS/

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Cited by:
  1. Eric Langlais, 2010. "An Analysis of Bounded Rationality in Judicial Litigations: The Case with Loss/Disappointment Averse Plaintiffs," Journal of Advanced Research in Law and Economics, ASERS Publishing, vol. 0(1), pages 41-50, June.
  2. Eric Langlais, 2008. "Asymmetric information, self-serving bias and the pretrial negotiation impasse," EconomiX Working Papers 2008-30, University of Paris West - Nanterre la Défense, EconomiX.
  3. Bertrand Chopard & Eric Langlais, 2009. "Défaut de paiement stratégique et loi sur les défaillances d’entreprises," Cahiers du CEREFIGE 0901, CEREFIGE (Centre Europeen de Recherche en Economie Financiere et Gestion des Entreprises), Universite de Lorraine, revised 2009.
  4. Bertrand Chopard & Eric Langlais, 2009. "Défaut de paiement stratégique et loi sur les défaillances d’entreprises," EconomiX Working Papers 2009-10, University of Paris West - Nanterre la Défense, EconomiX.
  5. Pedro Bordalo & Nicola Gennaioli & Andrei Shleifer, 2013. "Salience Theory of Judicial Decisions," NBER Working Papers 19695, National Bureau of Economic Research, Inc.
  6. Bruno Deffains & Eric Langlais, 2006. "Incentives to cooperate and the discretionary power of courts in divorce law," Review of Economics of the Household, Springer, vol. 4(4), pages 423-439, December.
  7. Deffains, Bruno & Langlais, Eric, 2008. "Legal Interpretative Process and Litigants’ Cognitive Biases," MPRA Paper 14370, University Library of Munich, Germany.
  8. Christoph Engel, 2006. "The Difficult Reception of Rigorous Descriptive Social Science in the Law," Working Paper Series of the Max Planck Institute for Research on Collective Goods 2006_1, Max Planck Institute for Research on Collective Goods.
  9. Fredrik Carlsson & Dinky Daruvala & Henrik Jaldell, 2012. "Do administrators have the same priorities for risk reductions as the general public?," Journal of Risk and Uncertainty, Springer, vol. 45(1), pages 79-95, August.
  10. Langlais, Eric, 2008. "Cognitive dissonance, risk aversion and the pretrial negotiation impasse," MPRA Paper 8844, University Library of Munich, Germany.
  11. Thomas A. Eaton & David B. Mustard & Susette M. Talarico, 2005. "Punitive Damages and the Processing of Tort Claims," Law and Economics 0501002, EconWPA.

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