Argumentation Quantity and Quality: A Litigation Success Function

Arguments are statements used to persuade someone or in support of a claim. However, these are not perfect and the opponents can exploit them to build their own arguments. In this paper, we propose a new litigation success function that (i) considers the intrinsic and immutable strength of the arguments presented by the plainti and defendant, (ii) solves the limitations of the existing literature in dealing with the English fee-shifting system, and (iii) is exible and tractable in analytical terms. As a robustness check, the proposed litigation success function conrms several important results in the literature, but also brings new insights on how argumentation strength aects the individuals' eorts and the decision to le and contest lawsuits in dierent fee-shifting systems. In this context, we also show how to introduce the worldwide-accepted presumption of innocence in favor of the defendant and the possibility of settlement.