Reforming the Courts : The Role of Empirical Research
Working with local researchers, World Bank staff recently analyzed a random sample of cases filed in the first instance courts of Argentina and Mexico. (First instance or trial courts make the initial rulings on cases based on both facts and law. H...
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2012
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okr-10986-113562021-06-14T11:00:48Z Reforming the Courts : The Role of Empirical Research Hammergren, Linn ADR CONCILIATION COURTS CRIMINAL CASES DEBT EMPIRICAL RESEARCH INVESTIGATION JUDGES JUDGMENTS JUDICIAL REFORM JUDICIARY JUSTICE LABOR COURTS LAWYERS LEGAL INSTITUTIONS JUDICIAL REFORM COURT CONGESTION & DELAYS COURT PROCEDURES COURT PROCEEDINGS COURT REPORTING COURT ADMINISTRATION CASE MANAGEMENT WORKLOAD APPEALS DISPOSITION DISPUTE RESOLUTION OUT OF COURT SETTLEMENTS Working with local researchers, World Bank staff recently analyzed a random sample of cases filed in the first instance courts of Argentina and Mexico. (First instance or trial courts make the initial rulings on cases based on both facts and law. Higher instance or appeals courts are often restricted to questions of law and so may not reconsider the facts of a case.) The Mexico study was conducted in the Federal District, the largest of Mexico's 32 local and state jurisdictions, and reviewed 464 debt collection cases brought under a special procedure that provides for rapid dispute resolution. In Argentina a stratified sample of criminal, civil, and labor cases was drawn from trial courts in the national capital, Buenos Aires (600 cases), and in the province of Santa Fe (450 cases). In both countries the identities of the parties, the nature of the cases, the amounts at issue, the times to disposition, and other data from the case files were coded and analyzed. Aggregate statistics kept by the judiciary and information from interviews and focus groups were used to help interpret the case file findings. Both studies revealed that when it comes to the operation of Latin American justice systems, much of what experts "know" is incorrect. Because this conventional wisdom often informs judicial reform projects, it can encourage changes aimed at solving nonexistent problems-while ignoring real ones. 2012-08-13T14:50:44Z 2012-08-13T14:50:44Z 2002-03 http://documents.worldbank.org/curated/en/2002/03/2016284/reforming-courts-role-empirical-research http://hdl.handle.net/10986/11356 English PREM Notes; No. 65 CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo/ World Bank World Bank, Washington, DC Publications & Research :: Brief Publications & Research Latin America & Caribbean Argentina Mexico |
repository_type |
Digital Repository |
institution_category |
Foreign Institution |
institution |
Digital Repositories |
building |
World Bank Open Knowledge Repository |
collection |
World Bank |
language |
English |
topic |
ADR CONCILIATION COURTS CRIMINAL CASES DEBT EMPIRICAL RESEARCH INVESTIGATION JUDGES JUDGMENTS JUDICIAL REFORM JUDICIARY JUSTICE LABOR COURTS LAWYERS LEGAL INSTITUTIONS JUDICIAL REFORM COURT CONGESTION & DELAYS COURT PROCEDURES COURT PROCEEDINGS COURT REPORTING COURT ADMINISTRATION CASE MANAGEMENT WORKLOAD APPEALS DISPOSITION DISPUTE RESOLUTION OUT OF COURT SETTLEMENTS |
spellingShingle |
ADR CONCILIATION COURTS CRIMINAL CASES DEBT EMPIRICAL RESEARCH INVESTIGATION JUDGES JUDGMENTS JUDICIAL REFORM JUDICIARY JUSTICE LABOR COURTS LAWYERS LEGAL INSTITUTIONS JUDICIAL REFORM COURT CONGESTION & DELAYS COURT PROCEDURES COURT PROCEEDINGS COURT REPORTING COURT ADMINISTRATION CASE MANAGEMENT WORKLOAD APPEALS DISPOSITION DISPUTE RESOLUTION OUT OF COURT SETTLEMENTS Hammergren, Linn Reforming the Courts : The Role of Empirical Research |
geographic_facet |
Latin America & Caribbean Argentina Mexico |
relation |
PREM Notes; No. 65 |
description |
Working with local researchers, World
Bank staff recently analyzed a random sample of cases filed
in the first instance courts of Argentina and Mexico. (First
instance or trial courts make the initial rulings on cases
based on both facts and law. Higher instance or appeals
courts are often restricted to questions of law and so may
not reconsider the facts of a case.) The Mexico study was
conducted in the Federal District, the largest of
Mexico's 32 local and state jurisdictions, and reviewed
464 debt collection cases brought under a special procedure
that provides for rapid dispute resolution. In Argentina a
stratified sample of criminal, civil, and labor cases was
drawn from trial courts in the national capital, Buenos
Aires (600 cases), and in the province of Santa Fe (450
cases). In both countries the identities of the parties, the
nature of the cases, the amounts at issue, the times to
disposition, and other data from the case files were coded
and analyzed. Aggregate statistics kept by the judiciary and
information from interviews and focus groups were used to
help interpret the case file findings. Both studies revealed
that when it comes to the operation of Latin American
justice systems, much of what experts "know" is
incorrect. Because this conventional wisdom often informs
judicial reform projects, it can encourage changes aimed at
solving nonexistent problems-while ignoring real ones. |
format |
Publications & Research :: Brief |
author |
Hammergren, Linn |
author_facet |
Hammergren, Linn |
author_sort |
Hammergren, Linn |
title |
Reforming the Courts : The Role of Empirical Research |
title_short |
Reforming the Courts : The Role of Empirical Research |
title_full |
Reforming the Courts : The Role of Empirical Research |
title_fullStr |
Reforming the Courts : The Role of Empirical Research |
title_full_unstemmed |
Reforming the Courts : The Role of Empirical Research |
title_sort |
reforming the courts : the role of empirical research |
publisher |
World Bank, Washington, DC |
publishDate |
2012 |
url |
http://documents.worldbank.org/curated/en/2002/03/2016284/reforming-courts-role-empirical-research http://hdl.handle.net/10986/11356 |
_version_ |
1764416443206598656 |