The pleaded points of disagreement define the scope of a civil dispute
Evidence
In the Agent Orange case, for example, the chemical companies denied that their product had caused the health problems suffered by the veterans and their children. Those matters on which the plaintiff and defendant differ then become the basis for the dispute. — G. Alan Tarr, Judicial Process and Judicial…, 2207
Categorization
- XREF: Ties to the Agent Orange litigation as a mass-tort example of causation contested in the pleadings stage. — connects to: Legal critique often masks a disagreement over underlying value judgments. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 451; Litigation disputes fall into fact, law, or mixed categories — G. Alan Tarr, Judicial Process and Judicial…, 1276; Disputes within modern states are really wars over civility (+16 more)
Broader Connections
- Pure legal-meaning disputes can arise where both sides agree on all facts.
#exemplifies(0.95) - Disputes within modern states are really wars over civility
#complicates(0.90) - Deliberate opaqueness in dispute resolution discourages parties from litigating to judgment.
#responds-to(0.90) — Lisa Bernestein, Opting out of the Legal System, 88 - Civil cases are typically settled in the shadow of potential trial
#responds-to(0.90) — G. Alan Tarr, Judicial Process and Judicial…, 2161 - Slow legal process lets contested practices settle into ordinary acceptance
#complicates(0.90) — Shoshana Zuboff, The Age of Surveillance Capitalism, 440 - Conflict situations are essentially bargaining situations
#complicates(0.90) — Thomas C. Schelling, The Strategy of Conflict, 21 - Some contested explanations cannot be settled by substantive argument
#complicates(0.90) — David Theo Goldberg, John Solomos, A Companion to Racial and Ethnic Studies, 381 - Dispute systems are designed to push parties toward voluntary settlement.
#responds-to(0.90) — Lisa Bernestein, Opting out of the Legal System, 70 - Conceptual puzzles about ‘the law’ and ‘legal obligation’ become acute when a court is confronted with a problem like this.
#complicates(0.90) - Legal critique often masks a disagreement over underlying value judgments.
#qualifies(0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 451 - Litigation disputes fall into fact, law, or mixed categories
#qualifies(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 1276 - Doctrinal disputes matter chiefly for their perceived moral consequences
#qualifies(0.85) - Trials resolve disputes over facts, over law, or over both
#qualifies(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 1275 - Legal disputes often turn on meaning, not facts
#qualifies(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 185 - Methodological disputes often serve as proxy arenas for substantive social conflicts.
#complicates(0.85) — Rolf Wiggershaus, The Frankfurt School, 503