Document Type

Article

Publication Date

11-2002

Keywords

Lawsuits, Empirical research, Forums, Pretrials, Settlements, Trials, Judgments, Appeals

Disciplines

Civil Procedure | Litigation

Abstract

After both summarizing recent empirical work and presenting new observations on each of the six phases of a civil lawsuit (forum, pretrial, settlement, trial, judgment, and appeal), the authors draw a series of lessons for understanding and using empirical methods in the study of the legal system's operation. In so doing, they generate implications for current and projected policy debates concerning litigation, while identifying areas that demand further empirical work.

Publication Citation

Kevin M. Clermont & Theodore Eisenberg, "Litigation Realities", 88 Cornell Law Review (2002)

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