Add to ORKGLawyers are trained to distinguish between substance and procedure. The substantive law is comprised of standards, such as the Learned Hand formula of negligence, that are used to determine whether a violation of the law has occurred. Procedural rules, on the other hand, determine whether and under what conditions a party can bring suit or be joined in an ongoing suit, the conditions under which a decision may be appealed, the burden of proof, and the allocation of legal expenses
The distinction between questions of law and questions of fact is deceptively complex. Although any ...
There seems to be a general assumption today that the Science of Law is not adequately performing...
This chapter surveys the effects of legal fee shifting on a variety of decisions arising before and ...
Many statutes and rules operating in courts in the United States permit or mandate the shifting of a...
The substance-procedure dichotomy is a popular target of scholarly criticism because procedural law ...
When plaintiffs cannot predict the outcome of litigation with certainty, neither the American rule (...
Litigation costs could be conceived as a bribe to parties to reach a contractual agreement settling ...
Sometimes the rules let you change the rules. In civil procedure, many rules are famously rigid—for ...
Recent years have seen a debate over litigation reform grow increasingly agitated. Attorneys, judges...
Rules of procedure determine and reflect the transaction costs of operating a legal system. An effic...
This article examines compliance, incentives to bring suit, and incentives to settle in a negligence...
We show that, when plaintiffs cannot predict the outcome of litigation with certainty, neither the A...
This article surveys the effects of legal fee shifting on a variety of decisions arising before and ...
Law and economics is a top-heavy discipline, in the sense that it is largely theoretical. Empirical ...
When lawyers think of civil procedure they almost invariably think of the rules of civil procedure a...
The distinction between questions of law and questions of fact is deceptively complex. Although any ...
There seems to be a general assumption today that the Science of Law is not adequately performing...
This chapter surveys the effects of legal fee shifting on a variety of decisions arising before and ...
Many statutes and rules operating in courts in the United States permit or mandate the shifting of a...
The substance-procedure dichotomy is a popular target of scholarly criticism because procedural law ...
When plaintiffs cannot predict the outcome of litigation with certainty, neither the American rule (...
Litigation costs could be conceived as a bribe to parties to reach a contractual agreement settling ...
Sometimes the rules let you change the rules. In civil procedure, many rules are famously rigid—for ...
Recent years have seen a debate over litigation reform grow increasingly agitated. Attorneys, judges...
Rules of procedure determine and reflect the transaction costs of operating a legal system. An effic...
This article examines compliance, incentives to bring suit, and incentives to settle in a negligence...
We show that, when plaintiffs cannot predict the outcome of litigation with certainty, neither the A...
This article surveys the effects of legal fee shifting on a variety of decisions arising before and ...
Law and economics is a top-heavy discipline, in the sense that it is largely theoretical. Empirical ...
When lawyers think of civil procedure they almost invariably think of the rules of civil procedure a...
The distinction between questions of law and questions of fact is deceptively complex. Although any ...
There seems to be a general assumption today that the Science of Law is not adequately performing...
This chapter surveys the effects of legal fee shifting on a variety of decisions arising before and ...