Decision announcements in small claims court

2019 ◽  
Vol 9 (1) ◽  
pp. 65-83 ◽  
Author(s):  
Karen Tracy ◽  
Robert T. Craig
Keyword(s):  
Analytic Approach ◽  
Small Claims ◽  
Grounded Practical Theory ◽  
Small Claims Court

Abstract This study analyzes judges’ decision announcements at the end of small claims hearings when the judge informs the parties who has won. Background on US small claims courts is provided, and the data and grounded practical theory, the analytic approach, are described. Then, we overview the small claims decision announcement genre, describe key areas of variation among judges, and identify and explicate a recurring problem built into the design of small claims proceedings. Cases that pit what is legally correct against what commonsense fairness dictates can be troublesome for judges and this trouble is marked discursively in judge announcements. The paper concludes by describing the challenge this raises for the development of grounded practical theory.

Small Claims Court in Nova Scotia: Litigants' Perceptions

2009 ◽  
Author(s):  
Marc W. Patry ◽  
Veronica Stinson ◽  
Steven M. Smith
Keyword(s):  
Nova Scotia ◽  
Small Claims ◽  
Small Claims Court

scholarly journals The Small Claims Court in Canada: Some Reflections on Recent Reforms

1969 ◽  
pp. 475 ◽  
Author(s):  
William A. W. Neilson
Keyword(s):  
Social Policy ◽  
Dispute Resolution ◽  
Competing Values ◽  
Costs And Benefits ◽  
The Social ◽  
Small Claims ◽  
Small Claims Court

The last ten years have been an extraordinary period with respect to legislation in the area of small claims dispute resolution. The author outlines how various provinces have reformed and experimented with their small claims courts to better suit the needs of the consumer. The costs and benefits of these reforms are analyzed with the competing values of diversity and uniformity in mind, The author examines the social policy behind these issues from several perspectives, including that of the potential litigant, judge and taxpayer.

Litigant Satisfaction versus Legal Adequacy in Small Claims Court Narratives

1985 ◽  
Vol 19 (4) ◽  
pp. 661 ◽  
Author(s):  
William M. O'Barr ◽  
John M. Conley
Keyword(s):  
Small Claims ◽  
Small Claims Court

17. Civil Litigation

2021 ◽  
pp. 595-639
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare
Keyword(s):  
Judicial Review ◽  
Family Law ◽  
Civil Litigation ◽  
Early Settlement ◽  
Small Claims ◽  
Small Claims Court ◽  
Civil Courts

This chapter considers the conduct of civil litigation. It discusses how civil litigation is more managed than criminal litigation and the courts seek to assist litigants in finding a compromise. The civil courts have extensive powers over costs and they use this to ensure compliance with their rulings and also to encourage early settlement, reducing the need for litigation. The chapter examines three types of civil litigation; cases relating to the small-claims track (‘small claims court’), judicial review and private family-law disputes.

17. Civil Litigation

2019 ◽  
pp. 585-627
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare
Keyword(s):  
Judicial Review ◽  
Family Law ◽  
Civil Litigation ◽  
Early Settlement ◽  
Small Claims ◽  
Small Claims Court ◽  
Civil Courts

This chapter considers the conduct of civil litigation. It discusses how civil litigation is more managed than criminal litigation and the courts seek to assist litigants in finding a compromise. The civil courts have extensive powers over costs and they use this to ensure compliance with their rulings and also to encourage early settlement, reducing the need for litigation. The chapter examines three types of civil litigation; cases relating to the small claims track (‘small claims court’), judicial review, and private family-law disputes.

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