NCJ Number
95745
Editor(s)
J K Lieberman
Date Published
1984
Length
182 pages
Annotation
Filings in Federal and State courts are examined, trends and changes in adjudicating activities are identified, and attention focuses on what courts do and do not do effectively.
Abstract
In 1976, between 70 and 108 million cases were filed in State trial courts; between 59 and 91 million of these cases were disposed of. Federal court filings were far smaller; in 1982, plaintiffs filed 206,193 civil cases in district courts, and prosecutors filed 31,623 criminal cases. The work that courts do is discussed under three categories: adjudicatory business, nonadjudicatory business, and tasks aiding adjudication. Since 1950, case volume has increased at all judicial levels. In State courts, domestic cases have risen dramatically, and in the Federal district courts, case filings have climbed from 19 per 100,000 population in 1900 to 80 per 100,000 in 1980. Doctrinal developments and changes in costs and roles of individual judges have also occurred. Essential characteristics of adjudication are discussed, and criteria for determining the fitness of cases are reviewed and divided into two sets, functional and prudential. Cases suitable for courts are identified, as are unsuitable cases, such as disputes arising out of policy decisions by governmental agencies. Ways to strengthen the capacity of society to resolve disputes are suggested, and the need for systematic information is cited. Appendixes contain eight tables, papers and projects commissioned by the Council on the Role of Courts, and participants at the Council's National Conference at St. Louis in May 1982.