Download or read book Uncertainty of Law and the Legal Process written by Giuseppe Dari Mattiacci and published by . This book was released on 2005 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Uncertainty of Legal Rights written by Steven Scott Stephens and published by Psychology Press. This book was released on 2001 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: If the outcome of a lawsuit depends solely on facts, law, and logic, a jury's decision should be predictable before it is announced. This study, however, finds evidence that the results of lawsuits are not predictable, implying that the decision process is influenced by some other undetermined factors accompanying the processing of facts, law, and logic. While it is widely believed that lawsuit results are unpredictable, this is the first study to document the existence of financially meaningful uncertainty in litigation. It employs the event study methodology used in the econometrics of financial markets to determine whether events reveal new information, as contrasted with fully anticipated events. The markets react to filing of lawsuits in a generally negative way, but at filing time the reactions are no worse for firms that ultimately lose their suits than they are for those that eventually prevail. When court decision are announced, by contrast, there is a detectable positive reaction for winningfirms and a negative reaction for losing firms The implications for corporate finance are straightforward, as there is no evidence the expectations formed by markets are biased. Accordingly, the uncertainty inherent in lawsuits fits within existing models for decision making subject to uncertainty. There is no apparent reason why the risks inherent in litigation are systematic, so the financial impact of the risk can be eliminated by holding a diversified portfolio. The deeper implication is for the capital budgeting decision, and indeed for the notion of designing one's activities within the framework of the law. By the time a jury verdict is announced, all the information on which it ostensibly is based has been publicly revealed in the course of the trial, and hence should be fully reflected in the prices of the litigating firms' shares. Yet the prices change when the result is announced. This suggests that the decision is not the mere processing of information, but rather contains animmeasurable or stochastic component as well.
Download or read book Precedent and Statute written by Orlin Yalnazov and published by Springer. This book was released on 2018-11-02 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should laws be made in courts or in parliaments? Orlin Yalnazov proposes a new approach to the problem. He conceptualizes law as an information product, and law-making as an exercise in production. Law-making has inputs and outputs, and technology is used to transform one into the other. Law may, depending on input and technology, take on different forms: it can be vague or it can be certain. The ‘technologies’ between which we may choose are precedent and statute. Differences between the two being sizeable, our choice has significant repercussions for the cost of the input and the form of the output. The author applies this framework to several problems, including the comparison between the common and the civil law, comparative civil procedure, and EU law. Perhaps most critically, he offers a critique of the ‘efficiency of the common law’ hypothesis.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Judging Under Uncertainty written by Adrian Vermeule and published by Harvard University Press. This book was released on 2006 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.
Download or read book Law and Uncertainty Risks and Legal Processes written by Robert Baldwin and published by Springer. This book was released on 1997-01-17 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Uncertainty: Risks and Legal Processes examines the role of the law and legal institutions in coping with the risks and uncertainties that pervade our lives. it examines key concerns, such as how issues relating to risks can be dealt with by means of legal processes, and how risks can be controlled through different legal formulations and techniques. The contents cover a wide range of risk issues as they arise in legal contexts, ranging from the problems of assessing risks within the criminal justice system To The difficulties that judges encounter in processing risk-laden issues through the courts. This study brings together papers delivered at the WG Hart Legal Workshop of 1995, held at the Institute for Advanced Legal Studies in London.
Download or read book Tort Liability Under Uncertainty written by Ariel Porat and published by Oxford University Press, USA. This book was released on 2001 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive and principled account of the uncertainty problem that arises in tort litigation, this text critically examines the existing doctrinal solutions of the problem, as evolved in England, United States, Canada & Israel.
Download or read book Uncertainty Chaos and the Torts Process written by Jason Scott Johnston and published by . This book was released on 1990 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Third Party Funding written by Gian Marco Solas and published by Cambridge University Press. This book was released on 2019-09-26 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looks at legal, economic and policy issues related to third party funding in common law, civil law jurisdictions and international contexts.
Download or read book Managing Legal Uncertainty written by Ronen Shamir and published by . This book was released on 1992 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Regulation Versus Litigation written by Daniel P. Kessler and published by University of Chicago Press. This book was released on 2011-02 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.
Download or read book Settled out of Court written by H. Laurence Ross and published by Routledge. This book was released on 2017-09-29 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1980. Routledge is an imprint of Taylor & Francis.
Download or read book Constitutional Judiciary in a New Democracy written by László Sólyom and published by University of Michigan Press. This book was released on 2000 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes the decisions of the most innovative of the new constitutional courts in post Soviet Central Europe
Download or read book Legal Literacy written by Archie Zariski and published by Athabasca University Press. This book was released on 2014-10-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: To understand how the legal system works, students must consider the law in terms of its structures, processes, language, and modes of thought and argument—in short, they must become literate in the field. Legal Literacy fulfills this aim by providing a foundational understanding of key concepts such as legal personhood, jurisdiction, and precedent, and by introducing students to legal research and writing skills. Examples of cases, statutes, and other legal materials support these concepts. While Legal Literacy is an introductory text, it also challenges students to consider critically the system they are studying. Touching on significant socio-legal issues such as access to justice, legal jargon, and plain language, Zariski critiques common legal traditions and practices, and analyzes what it means “to think like a lawyer.” As such, the text provides a sound basis for those who wish to pursue further studies in law or legal studies as well as those seeking a better understanding of how the legal field relates to the society that it serves.
Download or read book Keeping Pace with Change Fintech and the Evolution of Commercial Law written by International Monetary Fund and published by International Monetary Fund. This book was released on 2022-01-27 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.
Download or read book Foundations of Economic Analysis of Law written by Steven Shavell and published by Harvard University Press. This book was released on 2009-07-01 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: What effects do laws have? Do individuals drive more cautiously, clear ice from sidewalks more diligently, and commit fewer crimes because of the threat of legal sanctions? Do corporations pollute less, market safer products, and obey contracts to avoid suit? And given the effects of laws, which are socially best? Such questions about the influence and desirability of laws have been investigated by legal scholars and economists in a new, rigorous, and systematic manner since the 1970s. Their approach, which is called economic, is widely considered to be intellectually compelling and to have revolutionized thinking about the law. In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.
Download or read book Risk Uncertainty and Government written by Pat O'Malley and published by Routledge. This book was released on 2012-09-10 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both risk and uncertainty are neo-liberal concepts, which can be viewed as complementary techniques for governing diverse aspects of life, rather than natural states of things. This new book examines the way these constructs govern the production of wealth through 'uncertain' speculation and 'calculable' investment formulae. The way in which risk and uncertainty govern the minimisation of harms through insurance and through the uncertain practices of 'reasonable foresight' is discussed, and O Malley looks at the way these same techniques were historically forged out of moral and social beliefs about how to govern properly. In addition, the book analyzes is how, during this process, ideas such as 'contract' and distinctions between insurance and gambling were invented to order to 'properly' govern the risky and uncertain future.
