Where counsel quality is equal, the substance of law decides case outcomes.

Evidence

In terms of legal representation, one-shotters typically tend to be evenly matched, Generally, either both parties have retained counsel or neither has, and they are unlikely to hire an attorney from the elite ranks of the legal profession. Because disparities in the quality of counsel are unlikely to determine the outcome of disputes between one-shotters, the substance of the law may have a decisive effect on the outcome of the case. — G. Alan Tarr, Judicial Process and Judicial…, 2270

Categorization

• DEFINE: ‘One-shotters’ is Galanter’s term for parties who litigate only occasionally, as opposed to repeat players.
• XREF: Connects directly to Galanter’s party-capability framework, the foundational lens for studying who wins in American civil justice. — connects to: Qualified counsel can determine a criminal trial’s outcome regardless of guilt — G. Alan Tarr, Judicial Process and Judicial…, 215; Legal rules decide one-shotter cases because counsel quality is evenly matched — G. Alan Tarr, Judicial Process and Judicial…, 1118; Legal outcomes depend on variable choices and value judgments rather than absolutes. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 752 (+16 more)

Broader Connections

• Litigated cases self-select to those where both sides have plausible legal arguments #exemplifies (0.90) — Frederick Schauer, Thinking Like a Lawyer, 253
• Case by case adjudication allows unfair rules to be modified. #exemplifies (0.90) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 119
• Pretrial proceedings, not trials, determine most civil case outcomes #exemplifies (0.90) — G. Alan Tarr, Judicial Process and Judicial…, 2200
• Legal outcomes depend on variable choices and value judgments rather than absolutes. #complicates (0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 752
• Lay reliance on assumed outcomes should outweigh lawyers’ technical reliance on precedent #complicates (0.85) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2384
• Judge attributes beyond the law shape judicial outcomes #complicates (0.85) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 746
• Law converts difference into sameness to enable formal equal treatment #qualifies (0.80) — David Theo Goldberg, The Racial State, 82
• Trials resolve factual disputes even when both parties agree on the law. #complicates (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 1276
• Case negotiations occur in the shadow of the law set by trial outcomes #qualifies (0.80)
• Judges decide law while juries decide facts and apply it #qualifies (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 1409
• A legal principle emerges from a long line of decisions. #qualifies (0.80) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 134
• Trials resolve disputes over facts, over law, or over both #qualifies (0.75) — G. Alan Tarr, Judicial Process and Judicial…, 1275
• Prosecutorial diversity is advocated as a route to equitable case outcomes. #qualifies (0.75) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 615
• Introducing lawyers into arbitration made customary decisions track state law. #qualifies (0.75) — Lisa Bernestein, Opting out of the Legal System, 281
• The divided legal profession ensures representation for unpopular defendants #complicates (0.75) — G. Alan Tarr, Judicial Process and Judicial…, 650