Probability of success and merit are different things.
For instance if you know for a fact that you have been fired due to your race (perhaps you were outright told this is the case), but have no evidence (you weren't recording and there were no witnesses), your case has merit (it really did happen), but unless you get lucky and some evidence appears in discovery your odds of success are miniscule.
I'd argue that in such a case preventing such a person from seeking justice would be wrong, since they were really victims and diserve redress.
> I'd argue that in such a case preventing such a person from seeking justice would be wrong, since they were really victims and diserve redress.
If the system isn't actually going to give them redress then what benefit is there in consuming the resources of the complainant and the court only to end up with the same result? The problem you have to solve in those cases is how to make it so someone with a meritorious claim would have a high probability of winning.
For instance if you know for a fact that you have been fired due to your race (perhaps you were outright told this is the case), but have no evidence (you weren't recording and there were no witnesses), your case has merit (it really did happen), but unless you get lucky and some evidence appears in discovery your odds of success are miniscule.
I'd argue that in such a case preventing such a person from seeking justice would be wrong, since they were really victims and diserve redress.