2 See Everhart, 960 N.E.2d at 135 (explaining that “[u]nder the traditional analysis, a plaintiff who could show only a forty-nine-percent chance that the patient would not have suffered some injury but for the physician’s negligence would not recover anything.”); see also Alexander v. Scheid, 726 N.E.2d 272, 276 (Ind. 2000) (“[W]hen a patient’s chance of recovering from a disease is already le...

Whereas in all existing systems, legal reasoning is rule-based, over time legal rules have been amended by exceptions and counter-exceptions. Therefore, legal rules are not strict, but defeasible. We report on an approach of using Defeasible Logic Programming (DeLP) for the development of the LiZ system, a knowledge-based decision support system for private law. A knowledge base containing lega...

This article begins by introducing the basic economic framework for studying litigation and out-of-court settlement. One set of issues addressed is positive (or descriptive) in nature. Under what conditions will someone decide to file suit? When do cases settle out of court? Normative issues are also addressed. Are these private litigation decisions in the interest of society more broadly? Next...

This article starts with the Doing Business 2020, focusing on interest-related indicators of small and medium shareholders, especially issues related to litigation facilitation system, discussing reasons for China’s low score in this indicator, that is, qualification threshold plaintiff shareholders. Too high, lack reporting statistics. After that, through jurisprudence analysis problem, corres...

Before the judgement in De Klerk v Minister of Police 2020 1 SACR (CC), (de Klerk), a plaintiff could claim damages for unlawful arrest and detention after first appearance court if arresting (or investigating) officer had conducted himself unlawfully addition to arrest. The conduct be such that it influenced prosecution and/or deny bail. In majority Constitutional Court assuming factual causat...

As a human right, the right of access to court is within scope fair trial and limited by decisions European Court Human Rights. In private law disputes involving foreign element, negative conflict international jurisdiction rules state’s results in plaintiff's inability find open her/his case. Also ın cases lack agreement, plaintiff whose violated, can only with initiation principle forum neces...

Unless the plaintiff has a personal stake in the outcome, Article III of the United States Constitution requires federal courts to dismiss a plaintiff's claim for lack of standing. That much is clearly established by decades of precedent. Less understood, however, is the degree to which Article III also requires defendants to possess a personal stake. The significance of defendant standing ofte...

In the case of sports injuries which occur in ordinary course practice sport, delictual liability may be excluded as a result voluntary assumption risk, also known consent to risk injury (a ground justification) is embodied well-known maxim volenti non fit iniuria (Hattingh v Roux 2011 5 SA 135 (WCC) 141 hereinafter “Hattingh”; Prinsloo “Liability inSport and Recreation” 1991 TSAR 42–43; Stoffb...

The Constitutional Court’s judgment no. 191/2020, of 17 December 2020, addresses a claim for the protection fundamental rights filed by private university. challenged an administrative regulation preventing students enrolled in universities from obtaining any public grants and scholarships. These were limited to that part regional higher education system. Court holds limitation contrary right e...

It is well-known that if the parties in a legal dispute agree about the likelihood of potential trial outcomes then they will be inclined to settle vs. going to trial in order to reduce litigation costs and risk. In this paper, we assume that both plaintiff and defendant evaluate this decision in accordance with Cumulative Prospect Theory. It is found that the two parties will sometimes be unab...