scholarly journals Cases, Conflict, and Accommodation: Patterns of Legal Interaction in an American Community

1983 ◽  
Vol 8 (4) ◽  
pp. 803-874 ◽  
Author(s):  
David M. Engel
Keyword(s):  
Conflict Resolution ◽  
Empirical Study ◽  
Social Relationships ◽  
Local Level ◽  
Trial Court ◽  
Trial Courts ◽  
Indigenous Law ◽  
Civil Cases ◽  
Complex Relationships ◽  
Civil Trial

This article provides an overview of an empirical study of a civil trial court and the environment of indigenous law and conflict resolution in which the court operates. The article combines an analysis of civil cases and litigants with an investigation of alternative nonjudicial approaches used by residents of the community. The first section of the article examines the emergence of legal conflicts from the fabric of social relationships in the community and compares cases and parties in the court with those that gravitate toward nonjudicial settings. The second section compares processes and outcomes available in the court with those that may be obtained nonjudicially. The article concludes that different categories of cases emerge from different kinds of social relationships and for this reason are associated with fundamentally dissimilar patterns of values, norms, procedures, and outcomes. It also emphasizes the benefits to be obtained from investigating the complex relationships and interchanges that link local level trial courts to their communities.

Gatekeeping and Filtering in Trial Courts

2017 ◽  
Author(s):  
Christina L. Boyd
Keyword(s):  
Decision Making ◽  
Interdisciplinary Research ◽  
The United States ◽  
Court Cases ◽  
Appellate Courts ◽  
Trial Court ◽  
Plea Bargain ◽  
Trial Courts ◽  
Civil Trial ◽  
Selection Of

Trial courts and their actors play critical gatekeeping and filtering roles within the judicial hierarchy. As this chapter discusses, the decisions made by litigants and judges in the millions of criminal and civil trial court cases in the United States each year affect things like what cases get filed, how cases develop, what cases settle or plea bargain and when, whether losing litigants will appeal, and, if they do, how the appellate courts will respond. This chapter proceeds by first examining the selection of disputes and charges that takes place by parties, prosecutors, and other lawyers prior to a case being filed in a trial court. Next, the chapter details the decision-making of trial court parties, lawyers, and judges. As the chapter concludes, it discusses the unique set of challenges present for interdisciplinary research on trial courts.

Legal Pluralism in an American Community: Perspectives on a Civil Trial Court

1980 ◽  
Vol 5 (03) ◽  
pp. 425-454 ◽  
Author(s):  
David M. Engel
Keyword(s):  
Empirical Study ◽  
Community Setting ◽  
Legal Pluralism ◽  
Trial Court ◽  
Community Perspectives ◽  
Contractual Agreements ◽  
American Society ◽  
Civil Trial ◽  
Dispute Processing

This article explores the role of a local trial court in terms of the plurality of legal systems—both formal and informal—found in the community in which the court operates. The concept of legal pluralism in American society is examined, and a comparison is made between the study of plural normative systems and the study of disputes and dispute processing. Two examples of legal pluralism drawn from an empirical study of a midwestern community are presented: the first exploring oral contractual agreements among farmers and the second examining formal and informal norms concerning divorce. The application of this form of analysis is found to reveal important distinctions between the manifest and latent functions that the trial court performs in its community setting.

Conflict resolution under the COVID-19 pandemic

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Jose Roberto Balmori de la Miyar ◽  
Lauren Hoehn-Velasco ◽  
Adan Silverio-Murillo
Keyword(s):  
Conflict Resolution ◽  
Empirical Study ◽  
Design Methodology ◽  
Difference In Difference ◽  
Middle Income ◽  
Content Type ◽  
Twitter Data ◽  
Conflict Resolution Strategies ◽  
Resolution Strategies

Purpose This paper aims to analyze conflict resolution strategies among individuals who encountered disputes with family, neighbors, workmates, businesses, strangers, government authorities or other members in their communities during the COVID-19 pandemic. Design/methodology/approach Applying a difference-in-difference approach by sex, the authors use a representative panel of adults living in 82 cities from across Mexico to measure changes in antisocial strategies (violence) and prosocial strategies (non-confrontational methods and dialogue) to resolve disputes. Findings During the COVID-19 pandemic, men reduced their use of violence by 19.6% while women did so by 17.4%. There was a parallel rise in non-confrontational strategies used to solve conflicts equal to 73.6% for men and 62% for women. The use of dialogue as a tool for resolving disputes increased by more in cities that banned the sale of alcohol. Alternative Twitter data corroborates the main findings, suggesting that individuals are becoming more prosocial during the pandemic. Originality/value To the knowledge, this is the first empirical study to analyze changes in strategies for conflict resolution as a consequence of the COVID-19 pandemic. This paper contributes to the literature by demonstrating how individuals adapt their dispute strategies under extraordinary circumstances such as a pandemic, with a focus on a middle-income setting.

Prejudicial Publicity and Change of Venue in Civil Trials

1994 ◽  
Vol 15 (3) ◽  
pp. 62-73
Author(s):  
F. Dennis Hale
Keyword(s):  
Appellate Courts ◽  
Trial Courts ◽  
Civil Cases ◽  
Civil Trials

It's possible to get change of venue because of excessive publicity in civil cases, but requests have been granted in relatively few cases, and appellate courts seldom overrule trial courts on such requests.

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