Most civil cases are decided during the pretrial phase, not at trial

Evidence

Even when litigants do file civil suits, their cases are far more likely to be settled than adjudicated. Indeed, what unites such reforms of the civil justice system as liberalized rules for discovery, pretrial conferences, and the ADR movement is the emphasis on promoting settlement and discouraging trials. Indeed, trials seem an anomaly, occurring only when the various mechanisms designed to produce a consensual solution have failed. In this respect, the system of civil justice in the United States closely resembles the system of criminal justice, with its emphasis on plea bargaining rather than trial. The question remains whether these systems serve the interests of justice. — G. Alan Tarr, Judicial Process and Judicial…, 2384 (#corroborates, via linked claim)

In a second stage the aim is habituation. Whereas lawsuits and investigations unwind at the tedious pace of democratic institutions, Google continues the development of its contested practices at high velocity. During the elapsed time of FTC and FCC inquiries, court cases, judicial reviews, and EU Commission investigations, the new contested practices become more firmly established as institutional facts, rapidly bolstered by growing ecosystems of stakeholders. People habituate to the incursion with some combination of agreement, helplessness, and resignation. The sense of astonishment and outrage dissipates. The incursion itself, once unthinkable, slowly worms its way into the ordinary. Worse still, it gradually comes to seem inevitable. New dependencies develop. As populations grow numb, it becomes more difficult for individuals and groups to complain. — Shoshana Zuboff, The Age of Surveillance Capitalism, 440 (#expands, via linked claim)

Categorization

• XREF: connects to: Most trial judges do not preside at a jury trial on a typical day — G. Alan Tarr, Judicial Process and Judicial…, 561; Civil settlements happen in the shadow of what a trial would produce — G. Alan Tarr, Judicial Process and Judicial…, 1045; Civil cases are typically settled in the shadow of potential trial — G. Alan Tarr, Judicial Process and Judicial…, 2161 (+8 more)

Broader Connections

• Civil justice reform uniformly pushes settlement so trials become anomalous exceptions #corroborates (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 2384
• Guilty pleas, not trials, now dominate criminal case disposition #expands (0.75)
• Litigation selects for fringe and hard cases, not representative legal disputes #expands (0.72) — Frederick Schauer, Thinking Like a Lawyer, 38
• Slow legal process lets contested practices settle into ordinary acceptance #expands (0.72) — Shoshana Zuboff, The Age of Surveillance Capitalism, 440