The Need for a National Civil Justice Survey of Incidence and Claiming Behavior

23 Pages Posted: 23 Nov 2008

See all articles by Theodore Eisenberg

Theodore Eisenberg

Cornell University, Law School (Deceased)

Date Written: November 12, 2008


Civil justice issues play a prominent role in society. Family law issues such as divorce and child custody, consumer victimization issues raised by questionable trade practices, and tort issues raised by surprisingly high estimated rates of medical malpractice, questionable prescription drug practices, and other behavior are part of the fabric of daily life. Policymakers and interest groups regularly debate and assess whether civil problems are best resolved by legislative action, agency action, litigation, alternative dispute resolution, other methods, or some combinations of actions. Yet we lack systematic quantitative knowledge about the primary events in daily life that generate civil justice issues. This paper explores the desirability of, and issues related to, creating a national civil justice survey, analogous to the National Crime Victimization Survey.

Keywords: tort, civil justice, litigation

JEL Classification: K10, K40

Suggested Citation

Eisenberg, Theodore, The Need for a National Civil Justice Survey of Incidence and Claiming Behavior (November 12, 2008). Available at SSRN: or

Theodore Eisenberg (Contact Author)

Cornell University, Law School (Deceased) ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

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