Legal uncertainty creates disputes, litigation, and judicial discretion

Evidence

From a political perspective, what is most important is the degree of uncertainty in the law. This uncertainty in the law forms the basis for disputes and hence for litigation. It also creates opportunities for judicial discretion in interpreting the law and in deciding cases. — G. Alan Tarr, Judicial Process and Judicial…, 214

Categorization

• corroborated: 2 independent passages support this claim — G. Alan Tarr, Judicial Process and Judicial…, 214
• XREF: connects to: Judicial discretion is constrained but never wholly eliminated. — G. Alan Tarr, Judicial Process and Judicial…, 198; Judges create law when forced to resolve statutory ambiguity. — G. Alan Tarr, Judicial Process and Judicial…, 187; Case negotiations occur in the shadow of the law set by trial outcomes (+15 more)

Broader Connections

• A surplus of cheap lawyers increases litigation and legal uncertainty #corroborates (0.85) — Diego Gambetta, Trust - Making and Breaking Cooperative…, 1840
• Judicial decisions result from attitudes, role conceptions, and institutional constraints interacting together. #expands (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 1286
• Hidden value judgments, not logic, drive key judicial decisions #expands (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 2550
• Unpredictable legal jurisdiction destroys rule of law and trust in courts #expands (0.80) — Diego Gambetta, Trust - Making and Breaking Cooperative…, 1838
• Judge attributes beyond the law shape judicial outcomes #corroborates (0.80) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 746
• Supreme Court decisions both settle disputes and announce future legal standards #expands (0.78) — G. Alan Tarr, Judicial Process and Judicial…, 1572
• Deliberate opaqueness in dispute resolution discourages parties from litigating to judgment. #corroborates (0.72) — Lisa Bernestein, Opting out of the Legal System, 88