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Adversarial versus Inquisitorial Testimony

Author

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  • Winand Emons
  • Claude Fluet

Abstract

An arbiter has to decide a case under a purely adversarial procedure.?He can do so using his priors, or the two parties to the conflict may present further evidence.?The parties can distort the evidence in their favor at a cost.?In equilibrium the two parties never testify together.?When the evidence is much in favor of one party, this party testifies; the testimony is, however, distorted.?When the evidence is close to the prior mean, no party testifies.?We compare this result with the outcome under a purely inquisitorial procedure where the arbiter decides how much testimony he wants to hear. JEL?Codes:?D82,?K41,?K42.

Suggested Citation

  • Winand Emons & Claude Fluet, 2020. "Adversarial versus Inquisitorial Testimony," Revue économique, Presses de Sciences-Po, vol. 71(3), pages 429-457.
  • Handle: RePEc:cai:recosp:reco_713_0429
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    References listed on IDEAS

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    1. Fluet, Claude & Garella, Paolo G., 2002. "Advertising and prices as signals of quality in a regime of price rivalry," International Journal of Industrial Organization, Elsevier, vol. 20(7), pages 907-930, September.
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    4. Winand Emons & Claude Fluet, 2008. "Non-comparative versus Comparative Advertising as a Quality Signal," Diskussionsschriften dp0805, Universitaet Bern, Departement Volkswirtschaft.
    5. Hyun Song Shin, 1998. "Adversarial and Inquisitorial Procedures in Arbitration," RAND Journal of Economics, The RAND Corporation, vol. 29(2), pages 378-405, Summer.
    6. Navin Kartik, 2009. "Strategic Communication with Lying Costs," Review of Economic Studies, Oxford University Press, vol. 76(4), pages 1359-1395.
    7. Dominique Demougin & Claude Fluet, 2008. "Rules of proof, courts, and incentives," RAND Journal of Economics, RAND Corporation, vol. 39(1), pages 20-40, March.
    8. Froeb, Luke M. & Kobayashi, Bruce H., 2001. "Evidence production in adversarial vs. inquisitorial regimes," Economics Letters, Elsevier, vol. 70(2), pages 267-272, February.
    9. Schultz, Christian, 1999. "Limit pricing when incumbents have conflicting interests," International Journal of Industrial Organization, Elsevier, vol. 17(6), pages 801-825, August.
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    11. Daughety, Andrew F & Reinganum, Jennifer F, 2000. "On the Economics of Trials: Adversarial Process, Evidence, and Equilibrium Bias," Journal of Law, Economics, and Organization, Oxford University Press, vol. 16(2), pages 365-394, October.
    12. Claude Fluet, 2009. "Accuracy Versus Falsification Costs: The Optimal Amount of Evidence under Different Procedures," Journal of Law, Economics, and Organization, Oxford University Press, vol. 25(1), pages 134-156, May.
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    15. 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 257-276, April.
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    Cited by:

    1. Kim, Chulyoung, 2016. "Adversarial bias, litigation, and the Daubert test: An economic approach," International Review of Law and Economics, Elsevier, vol. 47(C), pages 67-75.
    2. Chulyoung Kim, 2017. "An economic rationale for dismissing low-quality experts in trial," Scottish Journal of Political Economy, Scottish Economic Society, vol. 64(5), pages 445-466, November.
    3. Kim, Chulyoung, 2015. "Centralized vs. Decentralized Institutions for Expert Testimony," MPRA Paper 69618, University Library of Munich, Germany.
    4. Chulyoung Kim, 2014. "Adversarial and Inquisitorial Procedures with Information Acquisition," Journal of Law, Economics, and Organization, Oxford University Press, vol. 30(4), pages 767-803.

    More about this item

    Keywords

    evidence production; procedure; costly state falsification; adversarial; inquisitorial;

    JEL classification:

    • D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information; Mechanism Design
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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