Abstract

http://ssrn.com/abstract=1965791
 
 

Footnotes (171)



 


 



Defining Civil Disputes: Lessons from Two Jurisdictions


Elizabeth G. Thornburg


Southern Methodist University - Dedman School of Law

Camille Cameron


Melbourne Law School

November 28, 2011

Melbourne Univeristy Law Review, Vol. 35, No. 1, 2011
U of Melbourne Legal Studies Research Paper No. 567
SMU Dedman School of Law Legal Studies Research Paper No. 94

Abstract:     
Court systems have adopted a variety of mechanisms to narrow the issues in dispute and expedite litigation. This article analyses the largely unsuccessful attempts in two jurisdictions - the United States and Australia - to achieve early and efficient issue identification in civil disputes. Procedures that rely on pleadings to provide focus have failed for centuries, from the common (English) origins of these two systems to their divergent modern paths. Case management practices that are developing in the United States and Australia offer greater promise in the continuing quest for early, efficient dispute definition. Based on a historical and contemporary comparative analysis of the approach to pleadings in the United States and Australia, this article recommends that courts should rethink the function of pleadings, alter litigation incentives, and refine case management practices. This will lead to earlier issue identification, better framing of the discovery process, and a more efficient litigation process.

Number of Pages in PDF File: 29

Keywords: United States, Australia, civil disputes, litigation

JEL Classification: K19, K39

Accepted Paper Series


Download This Paper

Date posted: November 29, 2011 ; Last revised: March 21, 2012

Suggested Citation

Thornburg, Elizabeth G. and Cameron, Camille, Defining Civil Disputes: Lessons from Two Jurisdictions (November 28, 2011). Melbourne Univeristy Law Review, Vol. 35, No. 1, 2011; U of Melbourne Legal Studies Research Paper No. 567; SMU Dedman School of Law Legal Studies Research Paper No. 94. Available at SSRN: http://ssrn.com/abstract=1965791

Contact Information

Elizabeth G. Thornburg
Southern Methodist University - Dedman School of Law ( email )
P.O. Box 0116
Dallas, TX 75275
United States
214-768-2613 (Phone)
214-768-3142 (Fax)
Camille Cameron (Contact Author)
Melbourne Law School ( email )
Victoria, 3010
Australia
Feedback to SSRN


Paper statistics
Abstract Views: 360
Downloads: 47
Footnotes:  171

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.453 seconds