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Comments on Inter-Court Relations in Comparative Perspective

NCJ Number
108048
Journal
Justice System Journal Volume: 12 Issue: 1 Dated: (Spring 1987) Pages: 36-38
Author(s)
J Baldwin
Date Published
1987
Length
3 pages
Annotation
This paper discusses Barr's (1987) ecological analysis of the Federal and State trial court systems, with reference to court structure in England.
Abstract
In England, court research has focused on the mechanics of the judicial process, rather than the distinction between unification and differentiation within court structures. In England, the tension between unification and differentiation does not apply; these issues have instead been accommodated within the existing system. Pressures to establish separate small claims and family courts have been resisted, largely because of the English bar's generalist tradition. Further, attempts to consolidate trial courts and adjust their respective jurisdictions or to turn to alternative dispute resolution mechanisms have been opposed because of their consequences for legal costs. Thus, these factors have resulted in limited reallocations of business from one court to another rather than to consolidation. 6 footnotes.

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