 These institutional variations suggest that the rational policymaker will determine that different forms, even if they impose identical sanctions, will create different expected penalties for violating the norm and give rise to different distributions of type 1 and type 2 errors, where a type 1 error incorrectly rejects plaintiff’s claim and a type 2 error incorrectly accepts it. The different legal forms will thus create different incentives and induce different behaviors, even when imposed sanctions are identical. Moreover, the policymaker might in fact choose among these forms on the basis of these different incentives and on the relative importance of Type 1 and Type 2 errors.