Open Access Honors Program Thesis
Decisions made by litigants often do not reflect those most beneficial to society. A rule goveming fee allocation in tort cases should encourage meritorious suits and discourage frivolous suits. America is one of the only countries in the world that does not use a loser-pays rule to assign legal costs. Employing a loser-pays rule could make the legal system more efficient and more equitable. The effect of a loser-pays rule is analyzed by economic theory and empirical evidence, while considering possible limitations of the rule. A carefully applied system of loser-pays may positively affect the U.S. legal system.
Year of Submission
Department of Economics
University Honors Designation
A thesis submitted in partial fulfillment of the requirements for the designation University Honors
1 PDF file (21 pages)
©2005 Jaime Leigh Loos
Loos, Jaime Leigh, "An Analysis of the Effect of a Loser-Pays Rule on the Decisions of an American Litigant" (2005). Honors Program Theses. 601.