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Full-Text Articles in Law
Group Report: What Is The Role Of Heuristics In Litigation, Callia Piperides, Ronald J. Allen, Mandeep K. Dhami, Axel Flessner, Reid Hastie, Jonathan J. Koehler, Richard O. Lempert, Joachim Schulz, Gerhard Wagner
Group Report: What Is The Role Of Heuristics In Litigation, Callia Piperides, Ronald J. Allen, Mandeep K. Dhami, Axel Flessner, Reid Hastie, Jonathan J. Koehler, Richard O. Lempert, Joachim Schulz, Gerhard Wagner
Book Chapters
This chapter examines the role of heuristics in the Anglo-American and Continental litigation systems by considering two broad areas: heuristics that appear in legal rules and procedures, as well as heuristics used by various legal actors (e.g., judges, juries, lawyers). It begins with theoretical accounts of heuristics in psychology and law. Next, it explores the role that heuristics play in the litigation process from the selection and construction of cases to the appellate process. Although procedural rules are in place to ensure that legal decision processes are deliberative, the complexities and uncertainties inherent in legal judgments promote the use of …