The Journey to Comprehensibility: Court Forms as the First Barrier to Accessing Justice

Tatiana Grieshofer née Tkacukova*, Matt Gee, Ralph Morton

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

Abstract

The article explores the comprehensibility of court forms by providing a quantitative overview and a qualitative analysis of such syntactic characteristics as length and structure of sentences and noun phrases. The analysis is viewed in the broader context of genre characteristics of court forms, their role within legal proceedings, and their function for eliciting narratives from court users. The findings show that while the elicitation strategies are not always coherently aligned with the guidance sections, the guidance itself condenses legal and procedural information into overly complex and verbose syntactic constructions. Comprehensibility barriers are thus created through breaks in information flow, ambiguous syntactic constructions, missing information and misalignment between questions and guidance. Such comprehension challenges have a negative impact on the potential of court users to effectively engage with legal proceedings.
Original languageEnglish
Number of pages27
JournalInternational Journal for the Semiotics of Law
Early online date15 Nov 2021
DOIs
Publication statusE-pub ahead of print - 15 Nov 2021

Bibliographical note

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