A number of commentators have referred to litigation as a "lottery." By using that word,they are suggesting that

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Referring to litigation as a "lottery" suggests that the results can be unpredictable and the outcome is only as predictable as a matter of chance, just like in a lottery where the chances of winning are uncertain. It does not necessarily imply that jurors are selected randomly, that there are more losers than winners, that trials are heavily regulated, or that cases involve gambling debts.

A Number of Commentators Have Referred to Litigation as a "Lottery