Changes

Unlike most countries, in the United States the general rule is that each side pays its own attorneys fees, no matter who wins.  In England and many other countries, the side that wins the case can recover his legal expenses from the losing side.  Typically that is not allowed here, except where a special law allows it.

Unlike most countries, in the United States the general rule is that each side pays its own attorneys fees, no matter who wins.  In England and many other countries, the side that wins the case can recover his legal expenses from the losing side.  Typically that is not allowed here, except where a special law allows it.

Americans have a respect for the “day in court.”  In the old days, someone who felt he was wronged would challenge his opponent to a duel.  Within days they would meet at dawn somewhere and try to kill each other, often leaving one dead.  That practice was stopped by prosecuting the person who survived for murder.  Now this type of dispute is resolved by one person suing the other.  Win or lose, at the end each side feels some relief for having their “day in court” to vent their grievance.

Americans have respect for someone's “day in court.”  In the old days, someone who felt he was wronged would challenge his opponent to a duel.  Within days they would meet at dawn somewhere and try to kill each other, often leaving one dead.  That practice was stopped by prosecuting the person who survived, for having committed murder.  Now this type of dispute is resolved by one person suing the other.  Win or lose, at the end each side feels some relief for having their “day in court” to vent their grievance.

Trials are more common in state court than in federal court.  In federal court today, just over 1% of cases reach a trial.<ref name="Courts">http://www.uscourts.gov/uscourts/Statistics/JudicialBusiness/2011/JudicialBusiness2011.pdf</ref>  Federal cases are often settled or disposed of without a trial.

Trials are more common in state court than in federal court.  In federal court today, just over 1% of cases reach a trial.<ref name="Courts">http://www.uscourts.gov/uscourts/Statistics/JudicialBusiness/2011/JudicialBusiness2011.pdf</ref>  Federal cases are often settled or disposed of without a trial.