POSC 130g Lecture Notes - Lecture 8: Small Claims Court
Document Summary
Overview: key characteristics: disputes must fit legal categories, reactive do not set agenda for social change, you have to deal with/respond to whatever comes in the door, no published opinions (limited access, there may be published opinions for, federal district courts do write opinions sometimes, few of which may be published, only some appellate decisions are published, if courts do not publish opinion, it is not a binding precedent. Prosecution"s job to prove guilt rendered meaningless by plea: reasons for existence of pb: heavy caseloads, working hours of courts, civil litigation, trial as bluff bargain money the law . Mnookin and kornhauser concept of bargaining in the shadow of: settlements, efficient because it saves clients money and time on litigation, but it does not set precedent about an issue, private justice, alternative dispute resolution, marc galanter"s typology of repeat players and one shotters.
