The Case For Selective Abolition Of The Rules Of Evidence
Americans have created the most expensive litigation system in the world. We are incapable of trying medium-sized lawsuits at lesser costs than the amounts in controversy. Our system lengthens large lawsuits so that potential jurors who have businesses or professions cannot serve. It produces results that depend upon issues unrelated to the merits. The outcomes and even the processes are unpredictable, with adverse effects upon both adjudication and settlement. There are many reasons for these effects, but the rules of evidence are a major contributor to them.