The order of presentation in trials: Plaintive plaintiffs

• 成果类型: Article
• 署名作者: D'Agostino, Elena; Seidmann, Daniel J.
• 署名单位: University of Messina; University of Nottingham
• 刊物名称: GAMES AND ECONOMIC BEHAVIOR
• ISSN/ISSBN: 0899-8256
• DOI: 10.1016/j.geb.2022.01.009
• 发表日期: 2022
• 页码: 328-336
• 关键词: Order of presentation; evidence; trials

摘要

Is it better to present evidence first or second in trials if witnesses cannot lie, and the litigants share all available witnesses? We address this question by defining preferences over playing games via their equilibrium correspondences. Exploiting this partial ordering over games, we show that litigants cannot prefer to lead, but can prefer to follow; the judge/jury may also prefer some litigant to lead, but only if the litigants each prefer to follow. Allowing a litigant to choose whether to lead after observing the available witnesses does not benefit either that litigant or the judge/jury. (C) 2022 Elsevier Inc. All rights reserved.