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Do Judges React to the Probability of Appellate Review? Empirical Evidence from Trial Court Procedures

Author

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  • Berlemann, Michael

    (Helmut Schmidt University, Hamburg)

  • Christmann, Robin

    (Helmut Schmidt University, Hamburg)

Abstract

The appellate review system is intended to serve as an efficient remedy for imperfect judicial decision making. However, it can fulfill this task only when appeals are filed solely due to bad verdicts and are ex-ante unpredictable based on factors that are exogenous to the judge. Using data from case records of a German trial court, we show that the probability of appeal can be predicted based on easily observable exogenous factors. Controlling for the complexity of a legal case, we find that judges also tend to increase their effort when the ex-ante probability of appeal is high. Thus, our empirical evidence indicates an inefficiency in the appellate review system.

Suggested Citation

  • Berlemann, Michael & Christmann, Robin, 2014. "Do Judges React to the Probability of Appellate Review? Empirical Evidence from Trial Court Procedures," Working Paper 154/2014, Helmut Schmidt University, Hamburg.
    • Handle: RePEc:ris:vhsuwp:2014_154
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    Cited by:

    1. Freyens, Benoit Pierre & Gong, Xiaodong, 2017. "Judicial decision making under changing legal standards: The case of dismissal arbitration," Journal of Economic Behavior & Organization, Elsevier, vol. 133(C), pages 108-126.
    2. Berlemann, Michael & Christmann, Robin, 2017. "The Role of Precedents on Court Delay - Evidence from a civil law country," MPRA Paper 80057, University Library of Munich, Germany.
    3. Sarel, Roee & Demirtas, Melanie, 2021. "Delegation in a multi-tier court system: Are remands in the U.S. federal courts driven by moral hazard?," European Journal of Political Economy, Elsevier, vol. 68(C).
    4. Beckmann, Klaus B., 2017. "Bounded rationality in differential games," Working Paper 178/2017, Helmut Schmidt University, Hamburg.
    5. Berlemann, Michael & Christmann, Robin, 2020. "Disposition time and the utilization of prior judicial decisions: Evidence from a civil law country," International Review of Law and Economics, Elsevier, vol. 62(C).

    More about this item

    Keywords

    litigation; judicial behaviour; appellate review; civil procedure;
    All these keywords.

    JEL classification:

    • D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information; Mechanism Design
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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