Monday, November 25, 2019

Miles of Red Tape: The Civil Justice System's Fatal Flaw


Upon inspection, America's civil justice system would be the best way to seek compensation from another party for damages or harm caused. However, the process of executing or even filing a civil lawsuit is so complicated and costly that it might as well not be worth the effort. Studies say that only 80-92 percent of civil cases actually get to trial; they settle, because one or both of the parties have run out of money, or think they'll run out of money. If that doesn't say something, what will?

Rebecca L. Kourlis, a former justice of the Colorado Supreme Court, sums up the problem quite well:
If you get in a car wreck, and there's an argument about who should be paying damages, your assumption is that you can go to court to have that case resolved. The truth of the matter is that's probably the last place you want to be, because the fees and the costs will ultimately be more than your car is worth, even if you drive a really nice car.
The sheer inefficiency of the civil justice system doesn't just cost time or money; it obstructs justice. If the system is nigh inaccessible- if the system is swamped with redundant policies that waste time and resources- then justice cannot be served. This is the civil court system's greatest weakness.



Sources:
https://www.nytimes.com/2008/08/08/business/08law.html
https://www.pbs.org/newshour/show/u-s-civil-court-system-needs-major-overhaul-new-book-declares

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