A View from the Sky: A General Overview about Civil Litigation in the United States with Reference to the Relief in Small and Simple Matters
This article, which is based on the research conducted for the General Report ‘Relief in Small and Simple Matters in an Age of Austerity’ presented at the XV World Congress of Procedural Law, provides a contextualised and broad overview of these phenomena in the United States. After describing the general features of the federal and state judiciaries, including its adversarial model of judging, and the importance of the jury system, the article turns its attention to discuss the factors that affect the cost of litigation in the United States, the different models of litigation funding, the available legal aid mechanisms, and the procedural tools available for handling small and simple disputes. Furthermore, this article briefly revisits the discussion about the effect of austerity on the functioning of the United States legal system on the handling of small and simple matters and ends with a brief conclusion that summarises its contribution and sketches the points for future research on this important topic.
Gomez, Manuel A. and Gomez, Juan Carlos, A View from the Sky: A General Overview about Civil Litigation in the United States with Reference to the Relief in Small and Simple Matters, 8 Erasmus Law Review 4 (2015).