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Civil Justice ReconsideredToward a Less Costly, More Accessible Litigation System$
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Steven P. Croley

Print publication date: 2017

Print ISBN-13: 9781479855001

Published to NYU Press Scholarship Online: January 2018

DOI: 10.18574/nyu/9781479855001.001.0001

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Real Threats to Civil Justice

Real Threats to Civil Justice

Chapter:
(p.117) 6 Real Threats to Civil Justice
Source:
Civil Justice Reconsidered
Author(s):

Steven P. Croley

Publisher:
NYU Press
DOI:10.18574/nyu/9781479855001.003.0007

Having rejected the most influential critique of civil litigation in the previous chapter, this chapter argues that a lack of access to the courts constitutes a bigger threat to civil justice. Given the high litigation costs emphasized by many reformers, there are reasons to worry that bona fide would-be litigants are too often priced out of the litigation system. This concern has special force with respect to potential litigants whose claims may be legally strong but whose expected legal remedies are modest. For them, the costs of litigation may often outweigh its anticipated benefits. Rather than too much litigation, then, the observation that litigation is costly leads more naturally to the worry that there is too little of it.

Keywords:   litigation costs, access, courts, benefits, justice

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