Toward a taxonomy of disputes: New evidence through the prism of the Priest/Klein model

The Priest/Klein model predicts both trial rates and plaintiff win rates as functions of three structural parameters: the decision standard, parties' uncertainty in estimating case quality, and the degree of stake asymmetry a cross parties. Previous tests of the model are unsatisfactory because most have concentrated on its prediction of a 50 percent win rate, which only ob tains as a limiting case. We gather independent evidence that describes the model's three parameters and compare it with estimates from a structural m odel that simultaneously estimates both trial and win rates. The model fits the data for four of our six case types. A four-parameter model, in which plaintiffs face greater uncertainty than defendants, can explain the two an omalous case types.