Chapter

EXPECTATIONS, OUTCOMES, AND FAIRNESS: LESSONS FROM THE CIVIL JUSTICE REFORM ACT EVALUATION

Stephen Carroll and Joseph W. Doherty

in Confidentiality, Transparency, and the U.S. Civil Justice System

Published in print May 2012 | ISBN: 9780199914333
Published online September 2012 | e-ISBN: 9780199980185 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199914333.003.0004
EXPECTATIONS, OUTCOMES, AND FAIRNESS: LESSONS FROM THE CIVIL JUSTICE REFORM ACT EVALUATION

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This chapter examines how and why litigant attitudes toward the civil justice system might be changed by participation in a court case. Specifically, it tests how expectations and outcomes relate to perceptions of procedural fairness among litigants in Federal District Court. It uses the litigant and attorney surveys from the Civil Justice Reform Act Evaluation to calculate the differences between the actual monetary awards and the expected best and worst monetary awards in each case. The difference between expectations and outcomes is then compared to another survey question about the perceived fairness of the court procedures. It is hypothesized that these differences are significantly correlated with a drop in perceived fairness in the system, and that this perception is correlated with confidence in the courts.

Keywords: litigants; civil justice system; court cases; civil justice reform act; procedural fairness

Chapter.  5731 words.  Illustrated.

Subjects: Constitutional and Administrative Law

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