Brazilian Small Claims Courts and Qualified Access to Justice: An Empirical Study

2008 ◽  
Author(s):  
Leslie S. Ferraz
Keyword(s):  
Empirical Study ◽  
Access To Justice ◽  
Small Claims

scholarly journals "Small Claims" Consumer Plaintiffs in the Philadelphia Municipal Court: An Empirical Study

1973 ◽  
Vol 121 (6) ◽  
pp. 1309 ◽  
Author(s):  
John Montague Steadman ◽  
Richard S. Rosenstein
Keyword(s):  
Empirical Study ◽  
Small Claims ◽  
Municipal Court

scholarly journals Small Defamation Claims in Small Claims Jurisdictions: Worth Considering for the Sake of Proportionality?

2018 ◽  
Vol 41 (4) ◽  
Author(s):  
Kim Gould
Keyword(s):  
Decision Making ◽  
Online Communication ◽  
Reform Process ◽  
Access To Justice ◽  
Ordinary People ◽  
Reform Agenda ◽  
Administration Of Justice ◽  
Small Claims ◽  
The Law ◽  
Defamation Law

Online communication continues to pose challenges for the law and the administration of justice. One such challenge concerns its propensity to give rise to small defamation claims between ordinary people given the often-enormous costs of litigating defamation claims before the ordinary courts. This article promotes a reform agenda directed to meeting this challenge by (1) demonstrating the need for a proportionate means for resolving small defamation claims, having regard to access to justice considerations and other wider concerns; (2) establishing reasonable grounds for seriously considering deploying the traditional small-claims-proportionate response – small claims jurisdictions – for this purpose notwithstanding contraindications including the infamous complexity of defamation law; and (3) advancing a research pathway for the proportionate treatment of small defamation claims to guide decision-making and innovation. This article also advocates for consideration of this important issue in the ‘national reform process’ launched in 2018 for Australian defamation law.

scholarly journals Access to Justice as Illustrated by the Institute of Small Claims: an Assessment of the Procedural Law Reform in Ukraine

2019 ◽  
Vol 2 (1) ◽  
pp. 52-66
Keyword(s):  
European Council ◽  
Law Reform ◽  
Access To Justice ◽  
Positive Experience ◽  
Civil Process ◽  
Cross Border ◽  
Procedural Law ◽  
Rules Of Procedure ◽  
Small Claims ◽  
The Eu

On 15-16 October 1999, a meeting of the European Council, whose influence on the development of civil process in the EU cannot be overestimated, took place in Tampere. It was at this meeting that the need was declared to develop and implement the EU level rules of procedure, which should simplify and accelerate cross-border litigation (within the EU). As a result, the Regulation (EC) No 861/2007 of the European Parliament and the Council of 11 July 2007 establishing a European small claims procedure was adopted. On the basis of this Regulation, the European legislators sought to introduce a small claims procedure directly in the EU. However, their intentions and efforts have also become the guideline for legislators of those states that (so far) are not members of the EU, in particular, Ukraine. In more than a decade, the institute of small claims has found its consolidation in the reformed civil process of Ukraine, an associate partner of the EU. In this context, the question arises: have the goals and results of the institutes' implementation coincided within the law of the EU and Ukraine? Is there a positive experience of such an introduction and does this institute need further reforms? This publication is an attempt to provide answers to these questions.

scholarly journals Online Dispute Resolution for Small Civil Claims in Victoria: A New Paradigm in Civil Justice

2019 ◽  
Vol 24 ◽  
pp. 101-138 ◽  
Author(s):  
Vivi Tan
Keyword(s):  
Due Process ◽  
Information And Communications Technology ◽  
Access To Justice ◽  
Civil Justice ◽  
New Paradigm ◽  
Online Dispute Resolution ◽  
Small Claims ◽  
Economic Constraints ◽  
Dispute System ◽  
Dispute System Design

This article seeks to explore some of the implications of integrating information and communications technology into judicial processes to resolve small civil claims. It argues that, as ODR moves from individual private-sector initiatives to widespread public sector institutionalisation, governance and value questions will need to be seriously considered. This is because questions regarding the appropriateness of the use of certain ODR systems in the resolution of small claims and consumer disputes persist, especially in relation to the use of systems which are fully autonomous. For example, how are fundamental due process requirements to be balanced against the economic constraints of resolving low value disputes? What are the limits to the evolution of civil justice to make it more accessible? It is argued that, while ODR holds vast potential for increasing access to justice, attention needs to be given to the dispute system design to ensure that it achieves that goal and does not result in the erosion of fundamental values of civil justice, including accessibility, transparency, legal validity and accountability.

scholarly journals PERAN KALANDRA LAW OFFICE SEBAGAI PEMBERI BANTUAN HUKUM DI KOTA SEMARANG

2018 ◽  
Vol 8 (2) ◽  
pp. 177
Author(s):  
Adhi Budi Susilo ◽  
Khifni Kafa Rufaida
Keyword(s):  
Empirical Study ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
The World ◽  
Tangible Evidence ◽  
The Law

<p>Lahirnya Kalandra Law Office sesuai dengan SK. Menkumham No. AHU-0051440.A.H.01.07 Tahun 2016 diharapkan dapat memberikan akses terhadap keadilan (<em>access to justice)</em> dan kebersamaan dihadapan hukum <em>(equality before the law)</em>. Bantuan hukum merupakan suatu jawaban terhadap adanya kebutuhan masyarakat atas adagium “hukum tajam kebawah, hukum tumpul kebawah” ini didukung dengan lahirnya Undang-Undang  No.16 Tahun 2016 tentang Bantuan Hukum. Penelitian ini bermaksud untuk mengetahui peran <em>Kalandra Law Office</em> dalam memberikan bantuan hukum di kota semarang serta hambatan-hambatan yang mempengaruhi dalam peranannya. Metode yang digunakan dalam penelitian ini adalah normatif-empiris yang mengkaji peraturan tertulis Undang-Undang No. 16 Tahun 2011 Tentang bantuan hukum dalam <em>access to justice.</em> Kalandra <em>Law Office </em>diharapakan menjadi asa baru ditengah keputusasaan masyarakat awan dalam memperjuangkan hak-haknya dimata hukum. Oleh karena itulah Kalandra <em>Law Office</em> memiliki andil yang besar dalam <em>access to justice.</em> Sehingga dapat menumbuhkan harapan baru di dalam dunia peradilan tetapi juga menjadi bukti nyata akan keadilan yang sama bagi siapapun dimuka hukum</p><p>The birth of Kalandra Law Office in accordance with SK. Menkumham No. AHU-0051440.A.H.01.07 Year 2016 is expected to provide access to justice and equality before the law. Legal assistance is an answer to the community's need for adage "sharp law down, blunt law down" this is supported by the birth of Law No. 16 of 2016 concerning Legal Aid. This study intends to find out the role of Kalandra Law Office in providing legal assistance in Semarang city and the obstacles that affect its role. The method used in this research is normative-empirical study of written regulations of Law No. 16 of 2011 concerning legal assistance in access to justice. Kalandra Law Office is expected to become a new hope amid the desperation of the cloud community in fighting for their rights in the eyes of the law. That's why Kalandra Law Office has a big contribution in access to justice. So that it can foster new hope in the world of justice but also be tangible evidence of equal justice for anyone before the law.</p>

Investment Treaty Arbitration: Making a Place for Small Claims

2018 ◽  
pp. 667-692
Author(s):  
Kristen E. Boon
Keyword(s):  
Dispute Resolution ◽  
International Investment ◽  
Access To Justice ◽  
Investment Treaty ◽  
International Investment Agreements ◽  
Small Claims ◽  
Small Investors ◽  
Investment Agreements ◽  
Investment Treaty Arbitration

Abstract Although international investment agreements are meant to enable investors of all sizes to protect their investments, the reality is that investment treaty arbitration is designed for large claims. In light of this reality, and recognizing that small claims are often not pursued due to the costs and practical obstacles associated with arbitration, this article proposes a simplified system of dispute resolution for claims that fall under a certain amount, such as USD 10 million. Such a mechanism would provide access to justice for small investors or investors with small claims, whose needs, at present, are largely unmet.

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