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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Main Author: Hammergren, Linn
Format: Brief
Language:English
Published: World Bank, Washington, DC 2012
Subjects:
Online Access:http://documents.worldbank.org/curated/en/2002/03/2016284/reforming-courts-role-empirical-research
http://hdl.handle.net/10986/11356
id okr-10986-11356
recordtype oai_dc
spelling 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
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