Abstract:
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Arguments are statements used to persuade someone or in support of a
claim. However, these are not perfect and the opponents can exploit them
to build their own arguments. In this paper, we propose a new litigation
success function that (i) considers the intrinsic and immutable strength of the
arguments presented by the plaintiff and defendant, (ii) solves the limitations
of the existing literature in dealing with the English fee-shifting system, and
(iii) is flexible and tractable in analytical terms. As a robustness check,
the proposed litigation success function confirms several important results in
the literature, but also brings new insights on how argumentation strength
affects the individuals' efforts and the decision to file and contest lawsuits in
different fee-shifting systems. In this context, we also show how to introduce
the worldwide-accepted presumption of innocence in favor of the defendant
and the possibility of settlement.
Keywords:
Litigation success function, Contests success function, Argumentation
strength, Fee-shifting systems.
JEL classification: C72, D72, D74, K41. |