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Litigation Trends One of the strongest skills a litigator, judge, or other legal professional may hold is the power to anticipate in which direction...

Litigation Trends

One of the strongest skills a litigator, judge, or other legal professional may hold is the power to anticipate in which direction the law is headed. Case law is not a fixed discipline, but rather, case law is subject to evolving social, political, and economic conditions. Case law is adaptive and flexible enough to adjust when corrections are needed. Consider early slavery cases. For nearly 70 years, case law remained stubbornly fixed on supporting slavery, but despite this firmness, subsequent cases finally adjusted to societal pressures and outlawed slavery. Now, consider the cases heard today. Who would have anticipated a hundred years ago the concept of electronic commerce litigation or cases of discrimination based on sexual orientation or same-sex marriage? But today, these types of cases are commonplace.

Anticipating where litigation is going can be described as a sort of " preventive medicine." For example, if you predict that there will be an increase in medical malpractice cases, you may be able to thwart future claims and prevent unnecessary economic hardship to the healthcare industry and the insured.

Peruse the feature stories on the "The Future of Litigation" website. Pay attention to the types of cases that are predictable and likely in the near future.

Based on what you have learned about the history of the courts and the legal process, think about the types of cases and legal claims that will be common in the next century.


Write about your projection (complete with rationale) of the types of cases and legal claims you think will be common in the next century, using the current history of the courts and the legal process as a launching point.


Based on what you have learned about the history of the courts and the legal process, think about the types of cases and legal claims that will be common in the next century.


What is your projection (complete with rationale) of the types of cases and legal claims you think will be common in the next century, using the current history of the courts and the legal process as a launching point.

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