Argumentation Quantity and Quality: A Litigation Success Function

Abstract

Arguments are statements used to persuade someone or in support of a claim. However, these are not perfect and part can be exploited by the opponent to build its own argumentation. In this paper we propose a new litigation success function that considers the quality of the plaintiff and defendant arguments, and simultaneously preserves the flexibility and analytical characteristics of the "rent-seeking" contest success function. In addition, the proposed approach can be applied to the English fee shifting system, and to model litigation proceedings with or without the presumption of innocence.