Civil settlements happen in the shadow of what a trial would produce
Evidence
The negotiations in civil cases occur “in the shadow of the law”; that is, with the understanding that either party can demand a trial if a satisfactory agreement cannot be reached. — G. Alan Tarr, Judicial Process and Judicial…, 1045
Categorization
- DEFINE: Defines the influential ‘bargaining in the shadow of the law’ concept central to civil justice.
- XREF: connects to: Active trial judging extends into negotiating pleas and settlements between parties — G. Alan Tarr, Judicial Process and Judicial…, 568; Case negotiations occur in the shadow of the law set by trial outcomes; Credible settlement leverage requires genuine willingness to proceed to trial — Jonathan Harr, A Civil Action, 2447 (+7 more)
Broader Connections
- Most civil cases are decided during the pretrial phase, not at trial
#exemplifies(0.85) - Credible settlement leverage requires genuine willingness to proceed to trial
#qualifies(0.80) — Jonathan Harr, A Civil Action, 2447 - Dispute systems are designed to push parties toward voluntary settlement.
#corroborates(0.80) — Lisa Bernestein, Opting out of the Legal System, 70 - Resource disparity between parties shapes civil litigation outcomes
#expands(0.72) — G. Alan Tarr, Judicial Process and Judicial…, 2156