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Settlement schemas: How laypeople understand civil settlement

Author

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  • Jennifer K. Robbennolt
  • Jessica Bregant
  • Verity Winship

Abstract

What does the public think it means to “settle” a civil case? Most legal disputes in the United States end in an agreement to settle, but little is known about what laypeople think about settlement. To fill this gap, we took a direct approach: we asked a nationally representative sample of US adults—more than 1000 of them—basic questions about settlement. We found widespread understanding about the essential nature and frequency of settlement, but persistent, though not universal, misconceptions about the details, including the role of a jury and settlement scope. Because settlement is such a pervasive part of the US legal system, the system's legitimacy turns in part on how the public understands and views civil settlement. The survey reported here provides a foundational study of the understandings and framework—the schemas—that the public bring to settlement.

Suggested Citation

  • Jennifer K. Robbennolt & Jessica Bregant & Verity Winship, 2023. "Settlement schemas: How laypeople understand civil settlement," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 20(3), pages 488-533, September.
    • Handle: RePEc:wly:empleg:v:20:y:2023:i:3:p:488-533
    DOI: 10.1111/jels.12360
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    References listed on IDEAS

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    1. Randall L. Kiser & Martin A. Asher & Blakeley B. McShane, 2008. "Let's Not Make a Deal: An Empirical Study of Decision Making in Unsuccessful Settlement Negotiations," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 5(3), pages 551-591, September.
    2. Marc Galanter, 2004. "The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State Courts," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 1(3), pages 459-570, November.
    3. George L. Priest & Benjamin Klein, 1984. "The Selection of Disputes for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 1-56, January.
    4. MacCoun Robert & Pacula Rosalie Liccardo & Chriqui Jamie & Harris Katherine & Reuter Peter, 2009. "Do Citizens Know Whether Their State Has Decriminalized Marijuana? Assessing the Perceptual Component of Deterrence Theory," Review of Law & Economics, De Gruyter, vol. 5(1), pages 347-371, June.
    5. Jennifer K. Robbennolt, 2006. "Apologies and Settlement Levers," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 3(2), pages 333-373, July.
    6. Theodore Eisenberg & Charlotte Lanvers, 2009. "What is the Settlement Rate and Why Should We Care?," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 6(1), pages 111-146, March.
    7. Judith Resnik, 2004. "Migrating, Morphing, and Vanishing: The Empirical and Normative Puzzles of Declining Trial Rates in Courts," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 1(3), pages 783-841, November.
    8. Christina L. Boyd & David A. Hoffman, 2013. "Litigating Toward Settlement," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 29(4), pages 898-929, August.
    9. Kenworthey Bilz, 2016. "Testing the Expressive Theory of Punishment," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 13(2), pages 358-392, June.
    10. Weisburst, Sanford I, 1999. "Judicial Review of Settlements and Consent Decrees: An Economic Analysis," The Journal of Legal Studies, University of Chicago Press, vol. 28(1), pages 55-99, January.
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