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A State Court's Clientele: Exploring the Strategy of Trial Litigation

Published online by Cambridge University Press:  02 July 2024

Wayne V. McIntosh
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Abstract

This paper explores the activities of civil litigants in a state trial court between 1820 and 1970. Litigation is considered as essentially a political activity in which the parties utilize the judicial system to promote their respective interests. The analysis indicates that all parties initiate and defend cases consistently in narrow fields across time, representing interests to which the litigants are easily connected. Moreover, if litigation has a large political component, then the inequities and balances of power existing between parties in the wider community probably affect judicial outcomes. To pursue this notion, I classify the court's clientele as either individuals or organizations. Evidence suggests that utilization of the legal process in general, and case outcomes in particular, are determined in part by the pairing of litigants opposing each other. Individuals have more often initiated than defended actions, and the dollar value of their claims has steadily increased, especially against organized opponents. By contrast, organizations have defended much more often than they have filed claims, and their claims are consistently smaller than those pursued by individuals. In general, judicial demands and outcomes vary systematically but consistently over time, according to the legally active group involved, the adversary pairing, and the issues between them.

Type
Research Article
Information
Law & Society Review , Volume 19 , Issue 3 , 1985 , pp. 421 - 447
Copyright
Copyright © 1985 by The Law and Society Association

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Footnotes

*

I would like to thank Marc Galanter, Richard Lempert, Joe Oppenheimer, and Ric Uslaner for their most valuable comments. Much thanks are also due Sherry Abelove, Bruce Gourley, and Carol Bellamy for their research and preparation assistance.

References

References

CALABRESI, Guido (1970) The Costs of Accidents: A Legal and Economic Analysis. New Haven: Yale University Press.Google Scholar
DANIELS, Stephen (1982) “Civil Litigation in Illinois Trial Courts: An Exploration of Rural-Urban Differences,” 4 Law and Policy Quarterly 190.Google Scholar
ENGLISH, William Francis (1947) The Pioneer Lawyer and Jurist in Missouri, Vol. XXI, No. 2, The University of Missouri Studies. Columbia, MO: University of Missouri Press.Google Scholar
FELSTINER, William L. F. (1974) “Influences of Social Organization on Dispute Processing,” 9 Law & Society Review 63.Google Scholar
FRIEDMAN, Lawrence M. (1973) A History of American Law. New York: Simon and Schuster.Google Scholar
FRIEDMAN, Lawrence M. (1976) “Trial Courts and Their Work in the Modern World,” 4 Jahrbuch für Rechtssoziologie und Rechtstheorie 25.Google Scholar
FRIEDMAN, Lawrence M. and Robert V., PERCIVAL (1976) “A Tale of Two Courts: Litigation in Alameda and San Benito Counties,” 10 Law & Society Review 267.Google Scholar
GALANTER, Marc (1974) “Why the ‘Haves’ Come Out Ahead: Speculations on the Limits of Legal Change,” 9 Law & Society Review 95.Google Scholar
GROSSMAN, Joel B., KRITZER, Herbert M., BUMILLER, Kristin, McDOUGAL, Stephen, MILLER, Richard and Austin, SARAT (1982) “Dimensions of Institutional Participation: Who Uses the Courts and How?” 44 Journal of Politics 86.Google Scholar
GROSSMAN, Joel B. and Austin, SARAT (1975) “Litigation in the Federal Courts: A Comparative Perspective,” 9 Law & Society Review 321.Google Scholar
KAGAN, Robert A. (1984) “The Routinization of Debt Collection: An Essay on Social Change and Conflict in the Courts,” 18 Law & Society Review 323.Google Scholar
KAGAN, Robert A., CARTWRIGHT, Bliss, FRIEDMAN, Lawrence M. and Stanton, WHEELER (1977) “The Business of State Supreme Courts: 1870-1970,” 30 Stanford Law Review 121.Google Scholar
LAURENT, Francis W. (1959) The Business of a Trial Court, 100 Years of Cases: A Census of the Actions and Special Proceedings in the Circuit Court for Chippewa County, Wisconsin, 1855-1954. Madison: The University of Wisconsin Press.Google Scholar
LEMPERT, Richard (1978) “More Tales of Two Courts: Exploring Changes in the ‘Dispute Settlement Function’ of Trial Courts,” 13 Law & Society Review 91.Google Scholar
MACAULAY, Stewart (1963) “Non-Contractual Relations in Business: A Preliminary Study,” 28 American Sociological Review 55.Google Scholar
McINTOSH, Wayne V. (1980-81) “150 Years of Litigation and Dispute Settlement: A Court Tale,” 15 Law & Society Review 823.Google Scholar
McINTOSH, Wayne V. (1983) “Private Use of a Public Forum: A Long Range View of the Dispute Processing Role of Courts,” 77 American Political Science Review 991.Google Scholar
MENTSCHIKOFF, Soia (1961) “Commercial Arbitration,” 61 Columbia Law Review 846.Google Scholar
ROSS, H. Lawrence (1970) Settled out of Court. Chicago: Aldine.Google Scholar
SARAT, Austin and Joel, GROSSMAN (1975) “Courts and Conflict Resolution: Problems in the Mobilization of Adjudication,” 69 American Political Science Review 1200.Google Scholar
SARAT, Austin, MAHONEY, Barry, WELLER, Steven and John, MARTIN (1978) “Patterns of Legalization: Civil Litigation and Individual Problem Solving.” Paper prepared for delivery at the 1978 annual meeting of the American Political Science Association, August 31-September 3.Google Scholar
SCHARF, John Thomas (1883) History of Saint Louis City and County, 2 Vols. Philadelphia: Louis H. Everts and Co.Google Scholar
SILVERMAN, Robert A. (1981) Law and Urban Growth: Civil Litigation in the Boston Trial Courts, 1880-1900. Princeton, NJ: Princeton University Press.CrossRefGoogle Scholar
TROEN, Selwyn K. and Glen E., HOLT (eds.) (1977) St Louis. New York: New Viewpoints.Google Scholar
WANNER, Craig (1974) “The Public Ordering of Private Relations, Part One: Initiating Civil Cases in Urban Trial Courts,” 8 Law & Society Review 421.Google Scholar
WANNER, Craig (1975) “The Public Ordering of Private Relations, Part Two: Winning Civil Court Cases,” 9 Law & Society Review 293.Google Scholar

Statutes Cited

1814 Laws of the Territory of Missouri, ch. 104.Google Scholar
1825 Mo. Laws, 473.Google Scholar
1843 Mo. Laws, 56.Google Scholar
1868 Mo. Laws, 59.Google Scholar
1945 Mo. Laws, 807.Google Scholar
1969 Mo. Laws, 560.Google Scholar
1865 Mo. Rev. Stat., 887.Google Scholar
1879 Mo. Rev. Stat., 475.Google Scholar
1889 Mo. Rev. Stat., 4453.Google Scholar
1909 Mo. Rev. Stat., 1067.Google Scholar
1939 Mo. Rev. Stat., 673-74.Google Scholar
1959 Mo. Rev. Stat., 4151-52.Google Scholar
U.S.C., Title 28, § 1332.Google Scholar