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ATI MENTAL HEALTH PROCTORED N222 MENTAL HEALTH (WEST COAST UNIVERSITY) NEWEST 2025
ACTUAL EXAM
"Central Problem" - (answer) - optimality in the economic analysis of law
- maximize social surplus
Property Rights/Law - (answer) - supplies the legal framework for allocating resources & distributing
wealth
- a bundle of rights describing what people may & may not do with the resources they own: the extent to
tz
which they may -->
possess/use/develop/improve/transform/consume/deplete/destroy/sell/donate/bequeath/transfer/mor
tgage/lease/loan/exclude
- economic theory tries to predict the effects of alternative forms of ownership, especially the effects on
efficiency & distribution
acquires claim to it ne
Rule of First Possession / Rule of Capture - (answer) - the first party to use an unowned resource
- an example of maintaining low transaction costs by defining property rights clearly & simply
sh
- cost minimizing as it focuses on just a few simple facts
- encourages efficiency by emphasizing the production of wealth over the transfer of wealth
- danger being that the rule may lead to over-investment
la
Rule of Tied Ownership - (answer) - may occur when the Rule of First Possession can lead to economic
costs
Coase Theorem - (answer) When transaction costs are zero, an efficient (socially optimal) use of
Sp
resources results from private bargaining, regardless of the legal assignment of property rights
Coase Theorem & Damages vs. Injunction - (answer) *Low Transaction Costs --> injunction is the more
efficient remedy:
- right to an injunction gives the parties a clearer position from which to bargain, although parties may
eventually agree to a settlement based on compensation
*High Transaction Costs (to prevent bargaining) --> switching from injunction to damages makes the
injurer better off without making the victim worse off
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ATI MENTAL HEALTH PROCTORED N222 MENTAL HEALTH (WEST COAST UNIVERSITY) NEWEST 2025
ACTUAL EXAM
Open Range Rule - Ranchers' Rights - (answer) - the farmer is responsible for keeping the cattle off his
property
- the farmer bears (must pay for) any damages caused by the cattle
- Rancher chooses optimal # of cattle & optimize their own surplus
- Farmer has no legal recourse against damages done by cattle
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- Farmer must take precautions to reduce the damage
Closed Range Rule - Farmers' Rights - (answer) - the rancher is responsible for keeping the cattle on
their property
ne
- the farmer bears (must pay for) any damages caused by the battle
- Rancher chooses to optimize total social surplus
- Rancher must reduce damage to Farmer
sh
Fairness vs. Efficiency - (answer) - fairness requires the party who causes harm to pay for it
- efficiency requires allocating the right to the party who values it most
Suppose that a railroad runs beside a field in which commercial crops are grown. The railroad is powered
la
by a steam locomotive that spews hot cinders out of its smokestack. From time to time those cinders
land on the crops nearest to the track and burn them to the ground. Assume that each year, the farmer
whose crops are burned loses $5000 in profits, and that the annual cost to the railroad of installing and
maintaining a spark-arrester that would prevent any damage to the crops is $3000.
Sp
(a) Does it matter to the efficient use of the farmer's land or to the efficient operation of the railroad
whether the law protects the farmer from invasion by sparks or allows the railroad to emit sparks
without liability? Explain.
(b) How high can legal fees be before impact on efficient outcomes are affected? Explain. - (answer) (a)
If there are zero (0) or low transaction costs, the Theorem of Coase applies
- The railroad will operate the train with a spark arrestor regardless whether the law protects the farmer
from invasion by sparks or allows the railroad to emit sparks without liability. The efficient outcome is
the same under either rule
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ATI MENTAL HEALTH PROCTORED N222 MENTAL HEALTH (WEST COAST UNIVERSITY) NEWEST 2025
ACTUAL EXAM
* However, the choice of rule will affect the distributive outcome
- The strict liability rule protecting the farmer means the farmer saves $5,000 and the railway will install
the spark arrestor for $3,000
- A permissive or no liability rule protecting the railroad means the farmer saves only $2,000 and the
railway will install the spark arrestor for $3,000 paid by the farmer by contract. The farmer is $3,000
poorer and the railway is $3,000 richer
tz
(b) If legal fees exceed $2,000, the Theorem of Coase does not apply -->
- the railroad will operate the train without a spark arrestor if the law allows the railroad to emit sparks
without liability
ne
- the railroad will operate the train with a spark arrestor if the law protects the farmer from invasion by
sparks.
- Both the efficient and distributive outcomes vary in this case
sh
Transaction Costs - (answer) - encompasses all of the impediments to bargaining
- the costs of bargaining
(1) Search Costs
(2) Document Costs
la
(3) Enforcement Costs
For which liability standard would you expect the litigation costs to be greater—negligence or strict
Sp
liability? Why? Is that an additional efficiency argument for preferring one standard to the other? -
(answer) * On a case-by-case basis, litigation costs are likely to be higher for negligence for the Claimant
*
- Unlike strict liability, negligence requires the claimant establishing that a duty of care existed between
the injurer and the claimant, and that the injurer failed to meet the requisite standard of care
- However, the effect on overall efficiency is less clear. Higher costs may dissuade potential claimants,
leading to under-compensation
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Distribution of this document is illegal extra per year?
la
sh
ne
t z
, Stuvia.com - The Marketplace to Buy and Sell your Study Material
ATI MENTAL HEALTH PROCTORED N222 MENTAL HEALTH (WEST COAST UNIVERSITY) NEWEST 2025
ACTUAL EXAM
"Central Problem" - (answer) - optimality in the economic analysis of law
- maximize social surplus
Property Rights/Law - (answer) - supplies the legal framework for allocating resources & distributing
wealth
- a bundle of rights describing what people may & may not do with the resources they own: the extent to
tz
which they may -->
possess/use/develop/improve/transform/consume/deplete/destroy/sell/donate/bequeath/transfer/mor
tgage/lease/loan/exclude
- economic theory tries to predict the effects of alternative forms of ownership, especially the effects on
efficiency & distribution
acquires claim to it ne
Rule of First Possession / Rule of Capture - (answer) - the first party to use an unowned resource
- an example of maintaining low transaction costs by defining property rights clearly & simply
sh
- cost minimizing as it focuses on just a few simple facts
- encourages efficiency by emphasizing the production of wealth over the transfer of wealth
- danger being that the rule may lead to over-investment
la
Rule of Tied Ownership - (answer) - may occur when the Rule of First Possession can lead to economic
costs
Coase Theorem - (answer) When transaction costs are zero, an efficient (socially optimal) use of
Sp
resources results from private bargaining, regardless of the legal assignment of property rights
Coase Theorem & Damages vs. Injunction - (answer) *Low Transaction Costs --> injunction is the more
efficient remedy:
- right to an injunction gives the parties a clearer position from which to bargain, although parties may
eventually agree to a settlement based on compensation
*High Transaction Costs (to prevent bargaining) --> switching from injunction to damages makes the
injurer better off without making the victim worse off
Downloaded by: Splashnetz | Want to earn $1.236
Distribution of this document is illegal extra per year?
, Stuvia.com - The Marketplace to Buy and Sell your Study Material
ATI MENTAL HEALTH PROCTORED N222 MENTAL HEALTH (WEST COAST UNIVERSITY) NEWEST 2025
ACTUAL EXAM
Open Range Rule - Ranchers' Rights - (answer) - the farmer is responsible for keeping the cattle off his
property
- the farmer bears (must pay for) any damages caused by the cattle
- Rancher chooses optimal # of cattle & optimize their own surplus
- Farmer has no legal recourse against damages done by cattle
tz
- Farmer must take precautions to reduce the damage
Closed Range Rule - Farmers' Rights - (answer) - the rancher is responsible for keeping the cattle on
their property
ne
- the farmer bears (must pay for) any damages caused by the battle
- Rancher chooses to optimize total social surplus
- Rancher must reduce damage to Farmer
sh
Fairness vs. Efficiency - (answer) - fairness requires the party who causes harm to pay for it
- efficiency requires allocating the right to the party who values it most
Suppose that a railroad runs beside a field in which commercial crops are grown. The railroad is powered
la
by a steam locomotive that spews hot cinders out of its smokestack. From time to time those cinders
land on the crops nearest to the track and burn them to the ground. Assume that each year, the farmer
whose crops are burned loses $5000 in profits, and that the annual cost to the railroad of installing and
maintaining a spark-arrester that would prevent any damage to the crops is $3000.
Sp
(a) Does it matter to the efficient use of the farmer's land or to the efficient operation of the railroad
whether the law protects the farmer from invasion by sparks or allows the railroad to emit sparks
without liability? Explain.
(b) How high can legal fees be before impact on efficient outcomes are affected? Explain. - (answer) (a)
If there are zero (0) or low transaction costs, the Theorem of Coase applies
- The railroad will operate the train with a spark arrestor regardless whether the law protects the farmer
from invasion by sparks or allows the railroad to emit sparks without liability. The efficient outcome is
the same under either rule
Downloaded by: Splashnetz | Want to earn $1.236
Distribution of this document is illegal extra per year?
, Stuvia.com - The Marketplace to Buy and Sell your Study Material
ATI MENTAL HEALTH PROCTORED N222 MENTAL HEALTH (WEST COAST UNIVERSITY) NEWEST 2025
ACTUAL EXAM
* However, the choice of rule will affect the distributive outcome
- The strict liability rule protecting the farmer means the farmer saves $5,000 and the railway will install
the spark arrestor for $3,000
- A permissive or no liability rule protecting the railroad means the farmer saves only $2,000 and the
railway will install the spark arrestor for $3,000 paid by the farmer by contract. The farmer is $3,000
poorer and the railway is $3,000 richer
tz
(b) If legal fees exceed $2,000, the Theorem of Coase does not apply -->
- the railroad will operate the train without a spark arrestor if the law allows the railroad to emit sparks
without liability
ne
- the railroad will operate the train with a spark arrestor if the law protects the farmer from invasion by
sparks.
- Both the efficient and distributive outcomes vary in this case
sh
Transaction Costs - (answer) - encompasses all of the impediments to bargaining
- the costs of bargaining
(1) Search Costs
(2) Document Costs
la
(3) Enforcement Costs
For which liability standard would you expect the litigation costs to be greater—negligence or strict
Sp
liability? Why? Is that an additional efficiency argument for preferring one standard to the other? -
(answer) * On a case-by-case basis, litigation costs are likely to be higher for negligence for the Claimant
*
- Unlike strict liability, negligence requires the claimant establishing that a duty of care existed between
the injurer and the claimant, and that the injurer failed to meet the requisite standard of care
- However, the effect on overall efficiency is less clear. Higher costs may dissuade potential claimants,
leading to under-compensation
Downloaded by: Splashnetz | Want to earn $1.236
Distribution of this document is illegal extra per year?
