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Games, Information, and Evidence Production: With Application to English Legal History

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Author Info
Chris William Sanchirico (University of Pennsylvania Law School & Wharton School)

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Abstract

This paper studies the problem of how the legal system regulates activity outside the courtroom based on information supplied in court by interested and potentially dishonest parties. The supply of information is analyzed along a game-theoretic dimension: the extent to which the supplier has an interest in how the information will be used. Such analysis uncovers a basic trade-off in system design between the 'fixed costs' of hearings (e.g., the productive activity forsaken by participation) and the cost of the evidence produced therein. This trade-off helps to explain and connect several trends in the historical evolution of English civil process.

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File URL: http://129.3.20.41/eps/le/papers/0403/0403002.pdf
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Publisher Info
Paper provided by EconWPA in its series Law and Economics with number 0403002.

Download reference. The following formats are available: HTML (with abstract), plain text (with abstract), BibTeX, RIS (EndNote, RefMan, ProCite), ReDIF
Length: 38 pages
Date of creation: 30 Mar 2004
Date of revision:
Handle: RePEc:wpa:wuwple:0403002

Note: Type of Document - pdf; pages: 38. Companion paper: 'Relying on the Information of Interested--and Potentially Dishonest--Parties,' American Law and Economics Review 3(2), 320 - 357 (2001)
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Related research
Keywords: Evidence production; costly signaling; primary activity approach to evidence; endogenous cost signaling; correlated types; history of the jury; disqualification for interest;

Find related papers by JEL classification:
C7 - Mathematical and Quantitative Methods - - Game Theory and Bargaining Theory
D8 - Microeconomics - - Information, Knowledge, and Uncertainty
D6 - Microeconomics - - Welfare Economics
D7 - Microeconomics - - Analysis of Collective Decision-Making
H - Public Economics

This paper has been announced in the following NEP Reports:

References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
  1. Landes, William M, 1971. "An Economic Analysis of the Courts," Journal of Law & Economics, University of Chicago Press, vol. 14(1), pages 61-107, April.
  2. Arlen, Jennifer H, 1992. "Liability for Physical Injury When Injurers as Well as Victims Suffer Losses," Journal of Law, Economics and Organization, Oxford University Press, vol. 8(2), pages 411-26, April.
  3. Andrew F. Daughety & Jennifer F. Reinganum, 1994. "Settlement Negotiations with Two-Sided Asymmetric Information: Model Duality, Information Distribution and Efficiency," Game Theory and Information 9403009, EconWPA. [Downloadable!]
    Other versions:
  4. Lucian Arye Bebchuk, 1984. "Litigation and Settlement under Imperfect Information," RAND Journal of Economics, The RAND Corporation, vol. 15(3), pages 404-415, Autumn. [Downloadable!] (restricted)
  5. repec:fth:coluec:9603 is not listed on IDEAS
  6. I.P.L. P'ng, 1983. "Strategic Behavior in Suit, Settlement, and Trial," Bell Journal of Economics, The RAND Corporation, vol. 14(2), pages 539-550, Autumn. [Downloadable!] (restricted)
  7. Hermalin, Benjamin E & Katz, Michael L, 1991. "Moral Hazard and Verifiability: The Effects of Renegotiation in Agency," Econometrica, Econometric Society, vol. 59(6), pages 1735-53, November. [Downloadable!] (restricted)
    Other versions:
  8. Louis Kaplow & Steven Shavell, 1994. "Accuracy in the Determination of Liability," NBER Working Papers 4203, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
    Other versions:
  9. Polinsky, A Mitchell & Rubinfeld, Daniel L, 1988. "The Welfare Implications of Costly Litigation for the Level of Liability," Journal of Legal Studies, University of Chicago Press, vol. 17(1), pages 151-64, January.
  10. Paul Milgrom & John Roberts, 1986. "Relying on the Information of Interested Parties," RAND Journal of Economics, The RAND Corporation, vol. 17(1), pages 18-32, Spring. [Downloadable!] (restricted)
    Other versions:
  11. Froeb, Luke M & Kobayashi, Bruce H, 1996. "Naive, Biased, Yet Bayesian: Can Juries Interpret Selectively Produced Evidence?," Journal of Law, Economics and Organization, Oxford University Press, vol. 12(1), pages 257-76, April.
  12. Daniel L. Rubinfeld & David E.M. Sappington, 1987. "Efficient Awards and Standards of Proof in Judicial Proceedings," RAND Journal of Economics, The RAND Corporation, vol. 18(2), pages 308-315, Summer. [Downloadable!] (restricted)
  13. Sanchirico, W., 1996. "Enforcement by Hearing how the Civil Law sets Incentives," Discussion Papers 1996_01, Columbia University, Department of Economics.
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Cited by:
(explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)

  1. Dhammika Dharmapala & Thomas J. Miceli, 2003. "Search, Seizure and (False?) Arrest: An Analysis of Fourth Amendment Remedies when Police can Plant Evidence," Working papers 2003-37, University of Connecticut, Department of Economics. [Downloadable!]
  2. Manuel Willington & Roy Costilla, 2007. "Endogenous Verifiability and Optimality in Agency: A non-contingent approach," ILADES-Georgetown University Working Papers inv189, Ilades-Georgetown University, School of Economics and Bussines. [Downloadable!]
  3. Chris Sanchirico & George Triantis, . "Evidence Arbitrage: The Fabrication of Evidence and the Verifiability of Contract Performance," Scholarship at Penn Law upenn_wps-1005, University of Pennsylvania Law School. [Downloadable!]
    Other versions:
  4. Jesse Bull, 2006. "Costly Evidence Production and the Limits of Verifiability," Working Papers 0611, Florida International University, Department of Economics. [Downloadable!]
    Other versions:
  5. Jesse Bull, 2006. "Costly Evidence and Systems of Fact Finding," Working Papers 0612, Florida International University, Department of Economics. [Downloadable!]
    Other versions:
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