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Preliminary Identification of Quantitative Factors Determining the Duration of Court Proceedings in Commercial Cases

Author

Listed:
  • Przemyslaw Banasik
  • Monika Odlanicka-Poczobutt
  • Maciej Wolny
  • Sylwia Morawska

Abstract

Purpose: The aim of the article was to identify factors that are linear combinations of the variables under scrutiny that affect the duration of court proceedings. Design/Methodology/Approach: This research was conducted on commercial cases, based on the Principal Components Analysis (PCA). The original variables were grouped into factors that are correlated with each other. The Kaiser Criterion (own value >1) was chosen as the main criterion determining the number of factors. The conducted research was subordinated to six phases, largely linked to the data mining scheme (CRISP-DM). Seven variables of a strict numerical nature marked as (vn) were distinguished from the features describing court proceedings. Findings: Based on the analysis, two main quantitative factors characterising the examined cases were identified. The first factor groups the variables:(v4) Number of hearings in the first instance/second instance, (v5) The number of days from the first hearing to the case being settled, (v6) The judgement in the first instance (number of pages), (v7) Volume of files (number of volumes),and the second one:(v1) The court fee paid, (v2) The value of the subject matter of the dispute, (v3) The number of days to the first hearing. Further research will be conducted into the development of relations between the variables in different areas of their variability, particularly with respect to the value of the matter in dispute. Practical Implications: The identified factors can be used at the micro level, in case management by a judge, at the meso level in case management in court, as well as at the macro level the entire justice system. Originality/Value: The study identified factors that affect the efficiency of court proceedings.

Suggested Citation

  • Przemyslaw Banasik & Monika Odlanicka-Poczobutt & Maciej Wolny & Sylwia Morawska, 2020. "Preliminary Identification of Quantitative Factors Determining the Duration of Court Proceedings in Commercial Cases," European Research Studies Journal, European Research Studies Journal, vol. 0(Special 1), pages 279-293.
    • Handle: RePEc:ers:journl:v:xxiii:y:2020:i:special1:p:279-293
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    References listed on IDEAS

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    More about this item

    Keywords

    Common court; commercial cases; excessive length of court proceedings; PCA.;
    All these keywords.

    JEL classification:

    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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