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In Litigation: How Far do the "Haves" Come Out Ahead?

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Author Info
Zhou, J. (Tilburg University, Tilburg Law and Economics Center)
Abstract

This paper studies the consequences of asymmetric litigation costs. Under three differ- ent protocols: static legal process, dynamic legal process with exogenous sequencing and dynamic legal process with endogenous sequencing, solutions are obtained for the litigation efforts and the expected value of lawsuits on each side. Outcomes are evaluated in terms of two normative criteria: achieving `justice' and minimizing aggregate litigation cost. The theory implies that a moderate degree of asymmetry may improve access to justice. The dynamics of legal process may accentuate or diminish the effect of asymmetry. The en- dogenous sequencing protocol minimizes cost and may improve access to justice. JEL codes: C72, D63, D72, K41. Keywords: access to justice, endogenous sequencing, dynamics of litigation process, re- source dissipation.

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Paper provided by Tilburg University, Tilburg Law and Economic Center in its series Discussion Paper with number 2007-002.

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Date of creation: 2007
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Handle: RePEc:dgr:kubtil:2007002

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  6. Hamilton, Jonathan H. & Slutsky, Steven M., 1990. "Endogenous timing in duopoly games: Stackelberg or cournot equilibria," Games and Economic Behavior, Elsevier, vol. 2(1), pages 29-46, March. [Downloadable!] (restricted)
    Other versions:
  7. Morgan, John, 2003. " Sequential Contests," Public Choice, Springer, vol. 116(1-2), pages 1-18, July. [Downloadable!] (restricted)
  8. Dixit, Avinash K, 1987. "Strategic Behavior in Contests," American Economic Review, American Economic Association, vol. 77(5), pages 891-98, December. [Downloadable!] (restricted)
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  20. Yildirim, Huseyin, 2005. "Contests with multiple rounds," Games and Economic Behavior, Elsevier, vol. 51(1), pages 213-227, April. [Downloadable!] (restricted)
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