NCJ Number
55133
Date Published
1978
Length
8 pages
Annotation
DATA FROM CIVIL COURTS IN SEVERAL DOMESTIC AND FOREIGN JURISDICTIONS ARE USED TO EXPLORE SURMISES ABOUT PARTICIPATION BY BUSINESS, GOVERNMENT, AND PRIVATE INDIVIDUALS IN LITIGATION.
Abstract
TWO TYPES OF LITIGANTS ARE DEFINED: 'ONE SHOTTERS,' WHO ONLY OCCASIONALLY USE THE COURTS TO MAKE OR DEFEND CLAIMS; AND 'REPEAT PLAYERS,' WHO USE THE COURTS OFTEN. MOST ONE SHOTTERS ARE PRIVATE INDIVIDUALS; REPEAT PLAYERS ARE BUSINESSES AND GOVERNMENT UNITS. REPEAT PLAYERS ENJOY A NUMBER OF ADVANTAGES OVER ONE ONE SHOTTERS IN THE LITIGATION PROCESS, SUCH AS EXPERTISE, ECONOMIES OF SCALE, LOW STARTUP COSTS, ABILITY TO ADOPT OPTIMAL STRATEGIES, AND BARGAINING CREDIBILITY. EQUIPPED WITH THESE ADVANTAGES AND OTHERS, REPEAT PLAYERS WOULD BE EXPECTED TO LITIGATE AGAINST ONE SHOTTERS FAIRLY FREQUENTLY, WHEREAS ONE SHOTTERS WOULD BE LESS LIKELY TO BRING ACTIONS AGAINST REPEAT PLAYERS. THIS EXPECTATION IS CONFIRMED BY DATA FROM CIVIL COURTS OF GENERAL JURISDICTION IN THREE CITIES AND TWO COUNTIES, A JUSTICE OF THE PEACE, SMALL CLAIMS COURTS IN A NUMBER OF JURISDICTIONS, AND COURTS IN GERMANY AND ENGLAND. FOR INSTANCE, IN THE THREE-CITY STUDY, ORGANIZATIONS WERE PLAINTIFFS AND INDIVIDUALS WERE DEFENDANTS IN 40 PERCENT OF 7,179 CASES, INDIVIDUALS WERE PLAINTIFFS AND ORGANIZATIONS DEFENDANTS IN 14 PERCENT, INDIVIDUALS WERE BOTH PLAINTIFF AND DEFENDANT IN 28 PERCENT, AND ORGANIZATIONS WERE BOTH DEFENDANT IN 28 PERCENT, AND ORGANIZATIONS WERE BOTH PLAINTIFF AND DEFENDANT IN 19 PERCENT. IT IS ESTIMATED THAT IN MORE THAN TWO-THIRDS OF ALL LITIGATION IN THE UNITED STATES--CIVIL AND CRIMINAL--A REPEAT PLAYER IS THE PLAINTIFF AND A ONE SHOTTER IS THE DEFENDANT. SUPPORTING DATA AND A LIST OF REFERENCES ARE INCLUDED. (LKM)