An analytical framework for interpreting appellate court data

Bharat Bhole () and Bríd Hanna

Economics Bulletin, 2009, vol. 29, issue 2, 1163-1174

Abstract: The objective of this paper is to present a simple but flexible theoretical model of the adjudication process that can be used to derive implications of various hypotheses about the adjudicators and litigants for the trial win rates, appeal rates and the reversal rates. Such a model can serve as a helpful tool for guiding empirical work on attitudes and competency of adjudicators and litigants. We use the model to study how the appeal and reversal rates are affected by the litigants'' perception that the trial court has a pro-plaintiff bias. We find that such a perception can result in higher appeal and reversal rates for the defendants relative to the plaintiffs, a pattern that is observed in the data.

Keywords: Trial Court Bias; Appeal Rates; Reversal Rates; Adjudication Process; Appellate Courts (search for similar items in EconPapers)
JEL-codes: K0 K4 (search for similar items in EconPapers)
Date: 2009-05-28
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