Party Capability Theory and Appellate Success in the Supreme Court of Canada, PETER McCORMICK 報告人：黃適文

Rousseau said… 2

Party capability theory The tall team usually win the basketball game Repeat player vs. one-shotter The judges are not drawn from a statistically random group 3

The goal of this paper Can we apply party capability theory to Canadian circumstance. Or, is the rational actor hypothesis exist? Compare the results with the results of US and British juridical system. 4

Data 3993 reported decisions of the Supreme Court between 1949, and Treating a 43-year range of cases as a single block. Counting each case as one. 5

Analysis The advantage of respondent : 60:40 Classify petitioners into eight categories. Divide government into: Crown, Federal government, Provincial government, Municipal government 6

Analysis Divide business into : Big business, Other business Include union 7

Analysis 8

Net advantage Independent of the relative frequency with each type of litigant appears as appellant or respondent. Reduce the effect of intra-category litigation. 9

Impact of advantage on success rates 10

Index by advantage score Give each 5 per cent of advantage a score 1 Ex: crown +5, individuals -2 … The score vary from +7(crown vs. individuals) to -7(individuals vs. crown) 11

Score and success rate 12

Regression model The fit of the model is

Revision of respondent advantage There are more appeals by appellants who are disadvantaged relative to their respondents Average Supreme court appellant has an advantage differential of -1.2 relative to the respondent The respondent advantage should be revise to 55:45 14

Compare with the system in the US 15

Compare with the British system 16

Conclusion The behavior of the Supreme Court of Canada support party capability theory 17