NCJ Number
57302
Journal
Law and Society Review Volume: 9 Issue: 2 Dated: (WINTER 1975) Pages: 219-274
Date Published
1975
Length
55 pages
Annotation
THE HISTORY OF THE SMALL CLAIMS MOVEMENT IS CRITICALLY EXAMINED FROM THE FIRST PART OF THIS CENTURY TO THE 1970'S, AND SMALL CLAIMS LITERATURE IS REVIEWED AND DISCUSSED.
Abstract
ONE PART OF THIS PRESENTATION EXAMINES THE GOALS OF THE EARLY SMALL CLAIMS REFORMERS, AND A SECOND PART REVIEWS EMPIRICAL STUDIES OF THE COURT WITH THE INTENT OF DETERMINING HOW THE SMALL CLAIMS COURT OPERATES AND FUNCTIONS AS A DISPUTE-RESOLVING AGENCY, AND WHAT SOME OF ITS PROBLEMS ARE. A THIRD PART OF THE PRESENTATION DISCUSSES A STUDY WHICH ANALYZES THE PREMISES ON WHICH SMALL CLAIMS COURTS ARE OPERATING, WHILE A FOURTH PART EXAMINES REFORM PROPOSALS AND VIEWS THE MOVEMENT FOR SMALL CLAIMS REFORM IN THE CONTEXT OF MORE GENERAL PROPOSALS FOR CHANGE IN OUR SYSTEM OF ADMINISTERING JUSTICE. SMALL CLAIMS COURTS WERE ESTABLISHED DURING THE EARLY PART OF THIS CENTURY FILLING A NEED FOR A MORE EFFECTIVE SYSTEM OF JUSTICE FOR THE AVERAGE AMERICAN CITIZEN; HOWEVER, AN ASSESSMENT OF THE AIMS AND FUNCTIONING OF THE COURTS DURING THE 1960'S AND 1970'S INDICATES THAT, FROM THE POINT OF VIEW OF AVERAGE CITIZENS, PARTICULARLY THE POOR, THE SMALL CLAIMS COURT IS MUCH MORE LIKELY TO BE USED AGAINST THEM THAN BY THEM. THE COURTS ARE NOT EASILY ACCESSIBLE; THE ATMOSPHERE IS ALIEN AND CONFUSING; AND THE RANGE OF PROCEDURES IS LIMITED AND GEARED MORE TO EFFICIENCY FOR ADMINISTERING COURT AFFAIRS THAN TOWARD SERVING THE INDIVIDUAL WITH A GRIEVANCE. REFORMERS HAVE ATTEMPTED TO DEVELOP A RANGE OF EXTRAJUDICIAL MECHANISMS TO IMPROVE CITIZEN ACCESS TO COURTS, BUT QUESTIONS OF VOLUNTARY PARTICIPATION, ABILITY TO ENFORCE DECISIONS, AND LEGITIMACY, HAVE BEEN RAISED. ATTENTION HAS BEEN FOCUSED ON THE NEED TO IMPROVE THESE EXTRAJUDICIAL MECHANISMS, AND THERE HAS ALSO BEEN A DRIVE TO BRING ABOUT CHANGES WITHIN THE JUDICIAL SYSTEM ITSELF, WHERE THE MEANS FOR COMPULSORY JURISDICTION AND ENFORCEMENT OF DECISIONS ARE AVAILABLE. THE HARLEM, N.Y., SMALL CLAIMS COURT IS DESCRIBED AS AN EXAMPLE OF A COURT THAT COMBATS THE PROBLEMS OF ACCESSIBILITY, LEGITIMACY, UNDERSTANDABILITY, AND EFFECTIVENESS. REFERENCES ARE PROVIDED, AND STUDIES OF THE HANDLING OF SMALL CLAIMS ARE LISTED IN TABULAR FORM.