The 'Haves' and the 'Have Nots': An Empirical Study of the Rational Actor and Party Capability Hypotheses in the High Court 1948–99

2000 ◽  
Vol 35 (2) ◽  
pp. 255-274 ◽  
Author(s):  
Russell Smyth
Keyword(s):  
Empirical Study ◽  
High Court ◽  
Rational Actor ◽  
Party Capability

scholarly journals Contributory negligence in the Court of Appeal: an empirical study

Legal Studies ◽  
2017 ◽  
Vol 37 (3) ◽  
pp. 437-467
Author(s):  
James Goudkamp ◽  
Donal Nolan
Keyword(s):  
Empirical Study ◽  
Common Law ◽  
England And Wales ◽  
High Court ◽  
Contributory Negligence ◽  
Court Of Appeal

In this paper we report the results of an empirical study of 112 appellate decisions on the contributory negligence doctrine in England and Wales between 2000 and 2015. It is the first study of its kind in any common law jurisdiction, and builds on earlier research in which we looked at the doctrine's operation in first instance courts. Our dataset comprised every appellate decision in which contributory negligence was an issue that was handed down during the study period and which we were able to access electronically. The most important findings include the fact that appeals succeed more frequently in relation to the existence of contributory negligence than with respect to apportionment; that the overall prospect of winning an appeal on contributory negligence does not depend on whether the first instance court is a county court or the High Court; that claimants are nearly twice as likely to win an appeal regarding the existence of contributory negligence as defendants; and that by far most common discount imposed following an appeal is 50%.

The Citation Practices of the High Court of Australia, 1905–2015

2019 ◽  
Vol 47 (4) ◽  
pp. 655-695
Author(s):  
Russell Smyth ◽  
Ingrid Nielsen
Keyword(s):  
Empirical Study ◽  
Common Law ◽  
Case Law ◽  
Diverse Range ◽  
High Court ◽  
Secondary Sources ◽  
Citation Practices ◽  
The Individual ◽  
High Court Of Australia ◽  
Over Time

We provide an empirical study of the High Court’s citation to case law and secondary sources at decade intervals between 1905 and 2015. We document trends in the number and type of citations over time, both for the Court as a whole and for the individual Justices. We find that in each of the sample years between 1905 and 1975, the Court cited relatively few authorities and for most of this period the majority of citations were to the Court’s own previous decisions or to decisions of the English courts. However, over the last four sample years—1985, 1995, 2005 and 2015—the Court cited more authority. The Court cited an increasing proportion of its own previous decisions over this period as well as a higher proportion of authority from a more diverse range of sources, including secondary sources, largely at the expense of citations to English cases. We conclude that this reflects the emergence of a distinct Australian common law with the High Court as its final arbitrator.

Individuals without jobs: An empirical study of job-seeking behavior and reemployment.

1996 ◽  
Vol 81 (1) ◽  
pp. 76-87 ◽  
Author(s):  
Connie R. Wanberg ◽  
John D. Watt ◽  
Deborah J. Rumsey
Keyword(s):  
Empirical Study ◽  
Job Seeking ◽  
Seeking Behavior
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