My da|ra Login

Detailed view

metadata language: English

Civil Justice Survey of Trials on Appeal, 2005

Version
v1
Resource Type
Dataset : event/transaction data
Creator
  • United States Department of Justice. Office of Justice Programs. Bureau of Justice Statistics
Other Title
  • Version 1 (Subtitle)
Collective Title
  • Civil Justice Survey of State Courts: [United States] Series
Publication Date
2012-01-10
Funding Reference
  • United States Department of Justice. Office of Justice Programs. Bureau of Justice Statistics
Language
English
Free Keywords
case processing; civil courts; civil law; court cases; court system; disposition (legal); lawsuits; state courts
Description
  • Abstract

    The Bureau of Justice Statistics' (BJS) Civil Justice Survey of Trials on Appeal (CJSTA) was based on 26,950 general civil (i.e., tort, contract, and real property) cases that were disposed by bench or jury trial in 156 counties participating in the 2005 Civil Justice Survey of State Courts (ICPSR 23862). Subsequently, 3,970 of those cases were appealed to 84 appellate courts in 35 states. This data collection examines civil bench and jury trials concluded in state trial courts in 2005 that were appealed to an intermediate appellate court or court of last resort. It is the first report based on data collected in the Bureau of Justice Statistics' (BJS) Civil Justice Survey of Trials on Appeal (CJSTA). The CJSTA included information from court records on civil trials concluded in 2005 and tracked the subsequent appeals from 2005 through March 2010. Information collected included the types of civil cases appealed, appeals dismissed or withdrawn before being decided on the merits, and appeals resulting in the trial court decision being reversed or affirmed. The time from the filing of an appeal to final appellate court disposition was also measured.
  • Abstract

    The CJSTA tracked every general civil case concluded by bench or jury trial in 2005 in the 156 surveyed counties that were subsequently appealed to an intermediate appellate court or court of last resort. Of the 8,872 general civil cases concluded, plaintiffs and defendants filed 1,439 appeals in 61 intermediate appellate courts and 77 appeals in 23 courts of last resort for a total of 1,516 appeals.
  • Methods

    The data contains several analysis weights. BWGT0 is the weight used to produce national level estimates of tort, contract, and real property trials concluded in 2005 that were subsequently appealed to an intermediate appellate court or court of last resort. Replicate weights: The data set contains 132 replicate weight variables (BWGT1 to BWGT132) appropriate for calculating sampling errors and confidence intervals using WESTVAR PC. The replicate weights were created using the jackknife method and the user must specify the JKn variance estimation procedure when using WESTVAR PC.
  • Methods

    ICPSR data undergo a confidentiality review and are altered when necessary to limit the risk of disclosure. ICPSR also routinely creates ready-to-go data files along with setups in the major statistical software formats as well as standard codebooks to accompany the data. In addition to these procedures, ICPSR performed the following processing steps for this data collection: Checked for undocumented or out-of-range codes..
  • Table of Contents

    Datasets:

    • DS0: Study-Level Files
    • DS1: Civil Appellate Court Data -- Intermediate Appellate Courts and Courts of Last Resort
    • DS2: Alternative Dispute Resolution Data
    • DS3: FPC Factor for Wesvar PC Variance Estimation Program
    • DS4: JKN Factor for Wesvar PC Variance Estimation Program
    • DS5: Court Profile Database
Temporal Coverage
  • 2005 / 2010
    Time period: 2005--2010
  • 2005 / 2010
    Collection date: 2005--2010
Geographic Coverage
  • United States
Sampled Universe
Tort, contract, and real property trials disposed in a national sample of counties in 2005 that were subsequently appealed to an intermediate appellate court or court of last resort. Smallest Geographic Unit: state
Sampling
inap.
Note
2012-01-10 Minor edits were made to the documentation. Funding insitution(s): United States Department of Justice. Office of Justice Programs. Bureau of Justice Statistics.
Availability
Download
One or more files in this study are not available for download due to special restrictions; consult the study documentation to learn more on how to obtain the data.
Alternative Identifiers
  • 32501 (Type: ICPSR Study Number)
Publications
  • Eisenberg, Theodore, Heise, Michael. Plaintiphobia in state courts redux? An empirical study of state court trials on appeal. Journal of Empirical Legal Studies.12, (1), 100-127.2015.
    • ID: 10.1111/jels.12066 (DOI)
  • Cohen, Thomas H., Farole, Donald J.. Appeals of Civil Trials Concluded in 2005. Special Report.NCJ 235187, Washington, DC: United States Department of Justice, Bureau of Justice Statistics. 2011.
    • ID: http://www.bjs.gov/content/pub/pdf/actc05.pdf (URL)
  • Cohen, Thomas H.. When is the verdict or judgment final?: An examination of post trial activity in civil litigation. . 2009.
  • Langton, Lynn, Cohen, Thomas. Civil Trials: Analysis of State Court Data and Relevance of Civil Justice to Criminal Justice Studies. St. Louis, MO. 2008.

Update Metadata: 2015-08-05 | Issue Number: 6 | Registration Date: 2015-06-16

United States Department of Justice. Office of Justice Programs. Bureau of Justice Statistics (2012): Civil Justice Survey of Trials on Appeal, 2005. Version 1. Civil Justice Survey of State Courts: [United States] Series. Version: v1. ICPSR - Interuniversity Consortium for Political and Social Research. Dataset. https://doi.org/10.3886/ICPSR32501.v1