ABSTRACT
The civil justice process illustrates courts' dispute-resolution function. A dispute becomes a civil case when an injured party seeks a resolution a court can authorize, such as compensation for an injured skier's medical expenses and lost wages. A lawyer who concludes that a dispute is winnable will fit the client's grievance into an appropriate legal category, such as the negligent operation of business premises, and will present it to a court as a lawsuit. Private disputes have spawned public controversy and political debate. The disparity between the views of Presidents Clinton and Bush on tort reform shows that law and politics are cousins in civil justice, just as they are in criminal justice. The adversary system requires the parties to a civil lawsuit to begin the suit, define the issues, gather evidence that supports their respective arguments, and present that evidence in court. Summary judgment is a great idea in appropriate circumstances because it shortens civil litigation considerably.
