IDEAS home Printed from https://ideas.repec.org/h/eee/lawchp/1-04.html
   My bibliography  Save this book chapter

Litigation

Author

Listed:
  • Spier, Kathryn E.

Abstract

The purpose of this chapter is to survey the academic literature on the economics of litigation and to synthesize its main themes. The chapter begins by introducing the basic economic framework for studying litigation and out-of-court settlement. One set of issues addressed is positive (or descriptive) in nature. Under what conditions will someone decide to file suit? What determines how much is spent on a lawsuit? When do cases settle out of court? Important normative issues are also addressed. Are the litigation decisions made by private parties in the interest of society as a whole? Next, the chapter surveys some of the more active areas in the litigation literature. Topics include rules of evidence, loser-pays rules, appeals, contingent fees for attorneys, alternative dispute resolution, class actions, and plea bargaining.

Suggested Citation

  • Spier, Kathryn E., 2007. "Litigation," Handbook of Law and Economics, Elsevier.
  • Handle: RePEc:eee:lawchp:1-04
    as

    Download full text from publisher

    File URL: http://www.sciencedirect.com/science/article/B7P5W-4R2PJJP-8/1/ed8531d637b383f6401d68f529869efd
    Download Restriction: Full text for ScienceDirect subscribers only

    As the access to this document is restricted, you may want to search for a different version of it.

    More about this item

    Keywords

    litigation; trials; courts; settlement; bargaining;

    JEL classification:

    • K - Law and Economics

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eee:lawchp:1-04. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Dana Niculescu). General contact details of provider: http://www.elsevierdirect.com/product.jsp?isbn=9780444512352 .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.