NCJ Number
98578
Journal
Wisconsin Law Review Volume: 1984 Issue: 4 Dated: (1984) Pages: 893-1034
Date Published
1984
Length
142 pages
Annotation
This paper develops a model that uses the insights of law, economics, sociology, and the legal reform movement to develop jurisdictional principles to be applied in determining the appropriate forum for handling specific categories of civil disputes.
Abstract
The jurisdictional principles developed are based on an analysis of the following identified goals of the civil justice system: resource allocation, social justice, fundamental rights protection, public order, human relations, legitimacy, and administration. The costs of failing to advance these goals in civil justice processing are explored. The analytical model developed considers these goals and costs in guiding the selection of appropriate forums according to case type. The model matches the costs likely to be incurred by a particular dispute with the forum most likely to reduce those costs. An application of the model shows that previous analyses have consistently exaggerated the desirability of handling certain disputes in the courts. The model suggests the need for using public incentives to influence disputants' choice of the appropriate forum for attempting to resolve the dispute. A total of 292 footnotes are listed. (Author abstract modified)