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NCJRS Abstract

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NCJ Number: 81720 Add to Shopping cart Find in a Library
Title: Judicial Access by Small Business
Corporate Author: US Congress
House Cmtte on Small Business
United States of America
Date Published: 1980
Page Count: 51
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
US Congress
Washington, DC 20510
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Type: Legislative/Regulatory Material
Language: English
Country: United States of America
Annotation: This report of the House Committee on Small Business presents its recommendations on H.R. 5103, a bill intended to increase the access of small business to Federal courts.
Abstract: Title I of H.R. 5103 is designed to deter violations of antitrust laws which injure small businesses and to provide small businesses with easier access to the Federal courts to obtain compensation for injuries sustained due to a violation of such laws. This easier access would be provided by establishing a new procedure under which small businesses could join together to bring a class action type lawsuit. Title II is designed to permit a new, less cumbersome and less expensive appeal of a decision by a Federal agency imposing a civil penalty on a small business for violation of a Federal law or regulation. Title III is designed to permit an evaluation by the Congress and the President of the effectiveness of the preceding titles in assisting small business in obtaining easier access to justice. The committee views Title I as making litigation by small business and others a credible and more easily enforceable threat to those contemplating violation of a law which would inflict widespread injury. By authorizing an immediate appeal of the appropriateness of a penalty to a magistrate, Title II is seen by the committee as allowing an aggrieved small business to bypass a time consuming, possibly inherently biased and expensive procedure. The committee unanimously endorses the bill and urges its prompt consideration and approval by the House. A copy of the bill is provided, along with a section-by-section analysis.
Index Term(s): Antitrust offenses; Appeal procedures; Class action lawsuits; Federal regulations
Note: Report to the House of Representatives to accompany HR 5103 which on August 2, 1979, was referred to the Committee on the Judiciary and the Committee on Small Business
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