THE LAY JUDGE IN THE SMALL CLAIMS COURTS AND IN THE SMALL CLAIMS AGAINST THE EXCHEQUER COURTS: EFFICIENCY VERSUS ACCESS TO JUSTICE AND TO LAW

Abstract

Lay judges that work at small claims courts and at small claims against the Exchequer courts don’t have the necessary legitimacy to take discretionary or solely based in equity decisions, because they are not directly elected by the people. Thus, they must base their decisions in the present Law. For this purpose, the selection process of them must demand the necessary legal knowledge and degree for the exercise of the function. The lay judge is submitted to the reasons of impediment or suspicion of the judge, because he is an assistant of the justice, so the law must recognize the citizen’s right to know the individual that exercises the function in his process.

Keywords

• lay judge
• selection
• legitimacy
• conciliation
• pro ject of judgment
• ratification
• draft ruling
• arbitration
• enforcemen t
• cooperation
• payment