Justice may be better served by negotiated settlements than by strict statutory application.

Evidence

Whether justice is better promoted by the faithful application of legal standards established by the legislature or by negotiated settlements is, of course, a hotly disputed topic. — G. Alan Tarr, Judicial Process and Judicial…, 2070

Categorization

• QUESTION: Fragmentary — the sentence appears to be cut off mid-thought, so the operative conclusion is missing.
• XREF: connects to: Judicial endorsement makes attorneys and clients more likely to accept settlements. — G. Alan Tarr, Judicial Process and Judicial…, 2250; Judges must sometimes initiate settlement talks lawyers avoid for fear of appearing weak. — G. Alan Tarr, Judicial Process and Judicial…, 2249; Lawyers should prefer workable settlements over laying foundations for lawsuits — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 3395 (+12 more)

Broader Connections

• Lawyers should prefer workable settlements over laying foundations for lawsuits #expands (1.00) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 3395
• Civil justice reform uniformly pushes settlement so trials become anomalous exceptions #expands (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 2384
• Risk and expense of trial drive both sides toward settlement #expands (1.00) — Lawrence M. Friedman and Grant M. Hayden, American Law, 361
• Most civil cases are settled rather than adjudicated through trial #expands (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 1045
• Settlements prioritized social relationships over strict rule enforcement when sanctioning. #complicates (1.00) — Jessica Carrick-Hagenbarth, Institutional Bricolage and Commoning…, 130
• Settlement and plea bargaining are priced by the anticipated trial outcome #expands (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 1256
• A judge’s settlement suggestion can double as a signal of likely verdict #expands (1.00) — , Harr Jonathan - A Civil Action, 253
• Most court cases are resolved mechanically by settled law #contradicts (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 1254
• Case management duties drive judges to promote settlements over trials. #expands (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 569
• Personal financial ruin drives plaintiffs’ lawyers toward settlement more than legal merit does. #expands (1.00) — , Harr Jonathan - A Civil Action, 2739
• Judicial-legislative relations operate as implicit negotiation rather than pure conflict. #expands (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 3539
• Civil cases are typically settled in the shadow of potential trial #expands (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 2161
• Civil trials are anomalies in a system built to promote settlement #expands (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 1195