Executive summary
This study aims to analyze observations during the case study of a person in the Small Claims Court. Via direct exposure, the paper goes in-depth into the courtroom culture, the roles of paralegals, and the relationship between these and access to justice. This report aims to facilitate a connection between the course concepts and the Canadian legal system to foster more profound knowledge.
Introduction
Small Claims Courts are pivotal as one of the main constituents of the Canadian justice system, offering people who have disputes legal platforms to be resolved(Lupo & Bailey, 2014). This report is aimed at the careful observation of what happens during court sessions in Small Claims Court that I attended on 19th March 2024 from 11:30 a.m., and answering the following questions: What is the fashion of the court’s actions in real life, what is the role of paralegals, and how problems with the access to justice are solved by the end of the proceedings. Attempting to investigate and carefully analyze these inquiries is the goal of the current report. It will, hence, forge a path for more profound knowledge and a more mindful reflection on the legal framework of justice.
Courtroom Dynamics and Case Types
I remember this time as very instructive, for I saw the breadth of the party disputes that comprise the fundamental aspects of ordinary life. Such situations involved diverse legal issues, including but not limited to ownership matters, business dealings, and consumer recourse. We learn something new every time a different viewpoint is presented that aligns with the different learning goals in our course handouts, which helps us see beyond a theoretical construct. According to Barnidge (2006), the case of lies on the diligence needed in old English cases also shows the need for unambiguous contract content. Throughout the case, it became clear how the divergence from the established contractual scheme could give rise to legal challenges. It reminded us about the role of a well-specified commitment to contractual obligations.
Furthermore, it enriched my understanding of contract law and gave examples of how it applies in real life. In addition to this, the judicial processes I witnessed regarding property disputes and consumer complaints enriched my understanding of the elaborate nature of said processes and the significance of equitable dispute solutions. One case on contract law was particularly fascinating. One Mr. John had agreed to repair a Mrs. Lisa’s kitchen and install modern accessories at $ 20,000. However, John never finished the work, and Lisa sued him after having to hire another contractor to finish the job. It was an easy case since John was found to have breached the contract, and Lisa won. I learned that there were many similar cases where contractors did not finish work, and when found guilty, they never repaid what was owed. I discovered that many people had to follow up on these cases personally and even check the Personal Property Registry System (PPRS) to see if they could collect what was owed through assets. The small claims court must devise proper enforcement strategies to ensure the claimants are paid on time.
Impressions of Small Claims Court Culture
The atmosphere around the Small Claims Court was informal, suggesting that it was for the conflicting parties to engage in open communication and deliberate on their disputes. Many plaintiffs, defendants, attorneys, and judicial staff successfully transformed these complicated issues into simpler ones. For instance, most attorneys could identify the relevant case laws on different disputes, study their cases, prepare witnesses, perform thorough investigations, and make legal discoveries. However, specific challenges affected the prompt resolution of claims and were also evident in the Small Claims Court(Webster et al., 2009). These were procedural bottlenecks, which included case hearings re-scheduling, poor legal aid access, and other impediments that became prominent and might limit the disputes’ timely and convenient adjudication.
These thorny issues reflect the need for comprehensive procedures to improve the stream of court proceedings and to enable easy and equal access to justice resources to ensure justice is not over-delayed. While the Small Claims Court faces many difficulties, it is still a legitimate forum for ensuring the settlement of cases with fairness and neutrality, provided that these litigations are fitted in a backward-fitted structure that is constantly fine-tuned.
Role of Paralegals in Court Proceeding
While observing the Small Claims Court proceedings, I discovered that paralegals play a significant role in court proceedings. Participants in the paralegals’ program have lately imitated professional legal practitioners by carrying out specific legal tasks such as legal research, case preparation, and client representation. Their efforts are critical in providing judicial services by ensuring the orderly conduct of court proceedings and providing a ground for fair hearings and resolution of disputes (Petersen, 2017). Nevertheless, unequal qualities and levels of legal prowess were evident, with some being more adequately prepared and knowledgeable than others.
The above narration is instrumental in emphasizing the imperativeness of lifelong professional development for paralegals, who must be cognizant of the need to improve their skills. In addition, it points out that ethics is a critical factor for paralegals. Thus, they should perform to the highest ethical standards to retain the profession’s integrity and assist the clients’ interests. During my observation, I discovered that certain paralegals hid evidence of ethical violations, especially if it involved their clients. For instance, there was a case where a landlord failed to return a security deposit. This was a habit the landlord had, and the paralegal tried to hide it from the court. However, I learned that whether one is a lawyer or a paralegal, it is essential to maintain high ethical standards to preserve the integrity of the legal profession. Paralegals should avoid being incompetent, fraud and deception, unauthorized law practices, and violating court orders, which may put their law careers at risk.
Reflections on Access to Justice
In the Small Claims Court, the law doctrine rests on the fundamental basis of “every person’s equal access to justice,” which attempts to provide an opportunity for everybody to get a fair and equitable resolution of their claims. The fact that the courts are informal also assists in promoting the idea of accessibility, and it acts as a gate for individuals to address their issues of concern. On the other hand, even against these undertakings, difficulties in areas such as protecting inefficiencies and resource strains are obstacles to justice. The mentally and economically deprived people face callous conditions when it comes to legal representation as well as handling complex legal processes.
The fact that these barriers prevent victims from claiming their rights properly worsens the situation. It causes negative psychological distress that promotes social injustices in the legal system (Anetzberger, 2009). These sentiments are particularly intriguing since they are part of what was covered in the course content. Addressing these challenges entails not only a multitude of methods but also social programs to educate and encourage people to become legally literate, augment access to legal aid, and streamline the court processes. Through this challenge, the Small Claims Court will satisfy its task of creating justice accessible to all people regardless of their economic backgrounds.
People’s economic backgrounds are of great significance in the small claims court. A person’s economic status may hinder their access to legal representation and ability to pursue claims due to the filing fees, among other litigation expenses. Another factor that can arise due to a person’s financial status is whether they will settle the results of a negotiation and pay and execute the entire settlement. Forms of economy – another factor that affects people’s views of justice. On the other hand, poor members of society can feel that the court is biased, which may result in not trusting the ability of the court to make fair judgments. The main idea from this point is that knowing their financial status helps promote fairness. However, the dragnet concerning the collection of judgments is exceptionally high among the economically disadvantaged group.
Conclusion
In conclusion, The Small Claims Court, which I observed while doing my research, gives great and necessary information on how the Canadian court system is done. The Small Claim Court completes the framework of the legal system since it acts as a mechanism that serves justice in situations such as failure to repay loans, failure to return security deposits, or failure to honor contract terms. The report seeks to bring out the relevant issues about the Small Claims Court, especially those touching on the courtroom culture and the role of paralegals. It portrays an in-depth analysis of the essential elements of the Small Claims Court. Small claims ought to cater to people’s pockets so there are no cases of poor or lack of legal representation and possible failure to pay claims.
References
Anetzberger, G. J. (2009). Elder Abuse Prevention: Emerging Trends and Promising Strategies by L. Nerenberg. Journal of Elder Abuse & Neglect, 21(1), 86–88. https://doi.org/10.1080/08946560802571961
Barnidge, R. (2006). The Due Diligence Principle Under International Law. International Community Law Review, 8(1), 81–121. https://doi.org/10.1163/187197306779173194
Lupo, G., & Bailey, J. (2014). Designing and Implementing e-Justice Systems: Some Lessons Learned from EU and Canadian Examples. Laws, 3(2), 353–387. https://doi.org/10.3390/laws3020353
Petersen, N. (2017). The International Court of Justice and the Judicial Politics of Identifying Customary International Law. European Journal of International Law, 28(2), 357–385. https://doi.org/10.1093/ejil/chx024
Webster, C. M., Doob, A. N., & Myers, N. M. (2009). The Parable of Ms Baker: Understanding Pre-Trial Detention in Canada. Current Issues in Criminal Justice, 21(1), 79–102. https://doi.org/10.1080/10345329.2009.12035834
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