Friday, January 22, 2010

Why do there appear civil cases with little value of subject matter?

In the so-called civil conflictions, there always exist a certain number of cases with little value of subject matter, coming into the civil proceedings. In these cases, even if the party wins finally, the compensation he can obtain is often far away from offsetting the cost of proceedings. Moreover, before starting proceedings, the party always realizes that fact. Accordingly, why does there still appear this kind of proceedings?Why do there appear civil cases with little value of subject matter?
Rickinno's right. I hear this very frequently--';it's not the money it's the principle'; and honestly I have mixed feelings about it. People should not have to abandon their legal rights just because there's not a lot of money at stake. On the other hand, it does clog up a legal system that's overburdened, like the one in my area. A solution that's been somewhat helpful to us is to send all money-only cases to mediation. We also schedule a settlement week twice each year. Every attorney is my district has been given mandatory mediation/settlement training. Every attorney must participate in settlement of civil cases both as a mediator/settlement facilitator and as an advocate. The only exception are domestic or family law cases involving drug or alcohol abuse or violence.Why do there appear civil cases with little value of subject matter?
In these types of cases, the motivating factor is usually justice. They aren't out for a big payday, they simply want to show that the other party's actions were wrong.
Civil cases are much more individual oriented. If someone considered a case as mistreat, he can raise civil proceeding to protect himself.





Those cases are good to train lawyers so that they can handle criminal cases.
';It's not the money, it's the principal!';





Every lawyer hears this MANY times in his career.





What it 'really' means is ';I'm mad at him, and I want to stick it to him!';





Richard
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