Settlement terms are shaped by predictions about trial outcomes

Evidence

The parties bargain and reach settlement on their own, but they bargain “in the shadow of the law,” to use the pungent phrase mentioned in Chapter 2. — Lawrence M. Friedman and Grant M. Hayden, American Law, 362

Categorization

• XREF: Extends the ‘shadow of the law’ concept to show why real contract and tort law lives outside courtrooms. — connects to: Risk and expense of trial drive both sides toward settlement — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 361; Civil settlements happen in the shadow of what a trial would produce — G. Alan Tarr, Judicial Process and Judicial…, 1045; Case negotiations occur in the shadow of the law set by trial outcomes (+6 more)

Broader Connections

• Civil settlements happen in the shadow of what a trial would produce #corroborates (0.97) — G. Alan Tarr, Judicial Process and Judicial…, 1045
• Civil cases are typically settled in the shadow of potential trial #exemplifies (0.95) — G. Alan Tarr, Judicial Process and Judicial…, 2161
• Case negotiations occur in the shadow of the law set by trial outcomes #corroborates (0.90)
• Prosecutorial decisions can be anchored to race-neutral predicted outcomes #exemplifies (0.75)
• Regulatory settlements lag behind the tactical redirections they punish #qualifies (0.70) — Shoshana Zuboff, The Age of Surveillance Capitalism, 530