Delivering justice: case study of a small claims court metadiscourse

2021 ◽  
Vol 27 (2) ◽  
pp. 181-208
Author(s):  
Karen Tracy
2009 ◽  
Author(s):  
Marc W. Patry ◽  
Veronica Stinson ◽  
Steven M. Smith

2021 ◽  
Vol 4 (1) ◽  
pp. 232-242

The article is devoted to the problem of translating legal terms from Ukrainian into English on the basis of a case study of a newly-coined term in Ukrainian legislation – ‘maloznachna sprava’. The relevance of the topic of legal translation from English into Ukrainian and vice versa has become especially acute in light of the Ukraine-EU approximation agreement. The author emphasises the necessity to perform concept analysis between the terms in the EU and Ukraine simplified procedures and comes to the conclusion that despite having surface similarity to the EU term ‘small claim’, the Ukrainian term ‘maloznachna sprava’ is, in fact, a much wider concept. A range of translations of legal neologisms are described in the article, and the need to use a literal translation of the term is substantiated. As a result of the analysis of possible translation options and the ECtHR translation precedent, it is recommended that the term ‘maloznachna sprava’ should be translated as ‘insignificant case’ within the sphere of Ukrainian civil procedure. Keywords: legal translation, Ukrainian-English translation, small claim, insignificant case.


1969 ◽  
pp. 475 ◽  
Author(s):  
William A. W. Neilson

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.


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

2021 ◽  
pp. 595-639
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare

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.


2019 ◽  
pp. 585-627
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare

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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