Americans rarely convert their disputes into lawsuits despite high civil filing rates
Evidence
One might also consider whether Americans are particularly prone to resolving their disputes by taking them to court. In 2002, civil filings in state courts per 100,000 population ranged from 1,167 in Tennessee to 15,157 in Maryland. However, the surveys of potential legal problems noted previously suggest that Americans are reluctant to litigate and generally do not transform their disputes into litigation. Americans’ willingness to litigate varies from issue to issue. The only comparative study of the propensity to sue concludes that Americans tend to sue in cases of personal injury somewhat more often than Britons or Canadians but not more often than Australians. This evidence hardly supports the notion of a populace involved in “a mad romance with the civil litigation process.” — G. Alan Tarr, Judicial Process and Judicial…, 1133
Categorization
- XREF: Connects to legal consciousness / dispute-pyramid scholarship (e.g., Felstiner, Abel, Sarat on naming-blaiming-claiming). — connects to: Americans do not actually transform most disputes into litigation. — G. Alan Tarr, Judicial Process and Judicial…, 2320; Domestic relations cases, not litigiousness, drive most growth in civil filings. — G. Alan Tarr, Judicial Process and Judicial…, 2325; Only a tiny fraction of grievances ever become lawsuits — G. Alan Tarr, Judicial Process and Judicial…, 2186 (+1 more)
Broader Connections
- Americans do not actually transform most disputes into litigation.
#expands(0.97) — G. Alan Tarr, Judicial Process and Judicial…, 2320 - Only a tiny fraction of grievances ever become lawsuits
#corroborates(0.88) — G. Alan Tarr, Judicial Process and Judicial…, 2186 - Domestic relations cases, not litigiousness, drive most growth in civil filings.
#expands(0.82) — G. Alan Tarr, Judicial Process and Judicial…, 2325 - Critics argue the American civil justice system encourages excessive and wasteful litigation
#complicates(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 1127