Under crushing uncertainty, litigants read chance events as providential signs about their case.

Evidence

The coincidence seemed at first quite remarkable to Schlichtmann. And then, after a few moments, he decided it was not a mere coincidence at all, but a matter of destiny. Clearly, this Professor Nesson, author of articles that the judge himself cited, was the one whom Providence had chosen. — , Harr Jonathan - A Civil Action, 1345

Categorization

• QUESTION: How much of a gambling litigant’s persistence rests on this kind of providential pattern-finding — and where does it tip into self-destruction?
• XREF: connects to: Litigants’ sense of control over complex cases is often an illusion. — , Harr Jonathan - A Civil Action , 1183; Litigants shift between courts and legislatures depending on their expected chances — G. Alan Tarr, Judicial Process and Judicial…, 3143; Most litigation arises because the meaning of law is uncertain — G. Alan Tarr, Judicial Process and Judicial…, 195 (+17 more)

Broader Connections

• Most litigation arises because the meaning of law is uncertain #expands (0.95) — G. Alan Tarr, Judicial Process and Judicial…, 195
• The Supreme Court’s signals shape which cases litigants choose to bring #expands (0.90) — G. Alan Tarr, Judicial Process and Judicial…, 902
• Confident forecasts of legal outcomes often rest on almost nothing but intuition. #expands (0.90) — , Harr Jonathan - A Civil Action, 1147
• Litigants shift between courts and legislatures depending on their expected chances #complicates (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 3143
• Whether courts address problems at the opportune time is largely a matter of chance #complicates (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 2852
• Legal uncertainty creates disputes, litigation, and judicial discretion #complicates (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 214
• Litigation arises because legal meaning is unstable and uncertain #complicates (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 186
• Conspiracy, like speculation, offers both orienting narrative and betting opportunity under uncertainty. #expands (0.85) — Aris Komporozos-Athanasiou, Speculative Communities, 331
• Courts depend on litigants to learn whether their rulings are obeyed #complicates (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 2875
• Setting a firm trial date pushes litigants toward settlement and forces evidentiary preparation #complicates (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 2157
• Case negotiations occur in the shadow of the law set by trial outcomes #complicates (0.80)
• Bad faith decides in advance to settle for uncertain truths #complicates (0.80) — Jean-Paul Sartre, Being and Nothingness, 317
• A litigator’s willingness to risk everything shapes his colleagues’ fates. #complicates (0.75) — , Harr Jonathan - A Civil Action, 2597
• Precedent obliges judges to follow cases they believe were wrongly decided. #complicates (0.75) — Frederick Schauer, Thinking Like a Lawyer, 69
• Judges create law when forced to resolve statutory ambiguity. #complicates (0.75) — G. Alan Tarr, Judicial Process and Judicial…, 187