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Special Review Essay: A Flood of Litigation? Legal Cultures and Litigation Flows Before European Courts in Historical and Comparative Perspective

NCJ Number
141005
Journal
Justice System Journal Volume: 16 Issue: 1 Dated: (1992) Pages: 101-110
Author(s)
E Blankenburg
Date Published
1992
Length
10 pages
Annotation
An overview is presented on European data and perspectives on litigation.
Abstract
Most European nations rank below the average in the United States for litigation activities. Excluding summary debt enforcement, European litigation rates range between 1,430 and 5,020 civil case filings per 100,000 of the population. Litigation rates have been rising in the last decade in all countries, and, consequently, by the end of the 1980's they might range between 2,000 and 6,000 civil cases per 100,000 of the population. Functionally equivalent rates in unified American State court systems in 1989 ranged from 4,781 (Minnesota) to 8,695 (Massachusetts). Both long-term levels and short-term changes in court litigation can be explained only if demand is understood as being triggered by supply and supply as being created by demand. As the possibilities of referring to summary proceedings and out-of- court alternatives are closely linked to the sector in which the judicial problem originates, these are considered separately for the different issues at stake before courts: debt enforcement, tort, landlord/tenant disputes, divorce and related family matters, and labor law disputes. 4 footnotes and 19 references

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