Affiliation:
1. Alice Curtis Campbell Professor of Law College of Law, University of Illinois Champaign Illinois USA
2. University of Houston Law Center Houston Texas USA
3. College of Law University of Illinois Champaign Illinois USA
Abstract
AbstractWhat 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.
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