6
Fridav. September 24. 1976
University Daily Kansan
Low cost marks 'people's court'
Rv DERIMORROW
Staff Writer
It has been called the "people's court" and has settled everything from contract disputes between landlords and tenants to loan disputes between friends.
In the "in the court's court," the small claims court of Douglas County, anyone who has a claim, and a $2 filing fee—hopes to recover the debt from him, is only other expense is time spent in court.
The reason for the low court cost is the absence of attorneys and attorney's fees. None are allowed at the trial, and the plaintiff must act in their own defense.
EACH PARTY IN a small claims suit presents his side of the dispute to the judge. As in any other court of law, both sides are permitted to have exhibits and witnesses.
Area theaters SUA compete for new films
Little competition with Lawrence theaters has allowed the SUA film series to show recently released films. But SUA has not lost a chance of competition with Lawrence theaters.
Stew Smith, SUA board member, said recently that "Grey Gardens," a 1976 release, will be shown by SUA because no film was produced. Lawrence have been interested in the film.
However, "Seven Beauties," a recent Italian film by Lina Wertmüller, was misdirected when the producer made the more dramatic that SUA produced the showing date so another of Wertmüller's films, the three-year-old "Love and Anarchy," could be shown at another
Schmidt gave two reasons why SUA films were so competitive.
"We have lower prices and we've developed a film community," he said.
To better serve that film community, Schmidt said, SUA will show at threees 3:00 p.m. almost every Friday and Saturday. Admission to SUA films is 75 cents or $1. Admission to theaters is $20 as compared with an average charge of $2 in other Lawrence theaters.
Also, during the weekends of Nov. 5-6 and Nov. 19-20, SIA will try something new by email.
Schmidt said some special series will be presented. Four days of Mayays Brothers films are scheduled for Oct. 8. At MAYais, one of the brothers, will be at KU Oct. 9 and 10.
Also, two films directed by John Water will be shown Nov. 11.
Some x-rated films on the schedule include Andy Warhol's "Frankenstein" tonight and Saturday; "Glen and Randa," Sept. 27; and Sextons, "Oct.19."
"It's not unusual for people to have witnesses subpoenaed," Linda Diehl, court clerk, said yesterday, "although there is a $5 fee."
Other stipulations of the court are that the claim cannot exceed $300, the subpoena must be served in Douglas County and that any witness cannot be called to testify without small claims in any one calendar year.
The Douglas County court averages about 24 claims a month, Diedl said. The plaintiff usually wins the case, she said, but the judge isn't always the amount requested.
"PEOPLE USEUALLY shoot high on their claims," she said, "but it is up to the judge to decide."
One such case involved an automobile accident in a parking lot in which neither person had insurance. The plaintiff awarded $300 in damages but received $150.
On the other hand, a small business fled a claim against an overdue bill of $15 and received its requested settlement of $50.
Not all claims are so humdram.
Dialle recalled a case in which a student filed a $20 claim against a local Mexican restaurant for misrepresentation of one of its foods.
HIS EVIDENCE is a month-old baggage of chill beans. He was awarded the claim, for a smaller amount than he requested, but have involved debts. These cases included personal loans of money or other landlords' suits against tenants for rent, tenants suits against landlords for rent, tenants suits against business suits against people for unpaid bills.
According to Diehl, most of the landlord-tenant suits involved students.
for back rent last year, the landlords won.
In four cases of students suing for return of
funds, the courts ruled.
DIEHL SAID THAT many claims are resolved before they reach court.
"When a person finds a complaint has been filed against them," she said, "they often settle it before going to court. This happens in many student cases."
If either of the parties isn't satisfied with the outcome of the trial, there is an appeal both sides can make.
Both the plaintiff and the defender have the right to appeal a judgment and obtain a new trial in district court under a different judge. However, that action involves a filing fee of $53 and probably the cost of hiring lawyers.
ONLY ONE APPEAL from small claims court is made about every two months in Douglas County. This probably is because of dissatisfaction with court judgments, Dieli said.
In addition, many cases don't warrant a higher court because of the small amount of money involved, she said. Because of the filing fee and the added attorney's costs, the total bill probably would exceed the amount of money granted in judgment.
Ten people who had had an experience with the small claims court in the last three months as either plaintiffs or defendants all for the speed and cost, the court worked well.
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Dheil said that, in an attempt to be available to all people, the Douglas County Small Claims Court was held five days a week in the mornings and afternoons; should be filed at the courthouse, or the court date will follow 21 days after filing.
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who had claimed a rent deposit return said, "I was really surprised when I won the case even though I thought I was in the right. I thought that an attorney to prosecute my landlord."
Another KU student, a man who was sued for back rent, said he thought that the judgment in his case was fair and that a lawyer in his case helped help assisted his case anyway. He lost the case.
The banquet in the Kansas Union
bathroom, will close Higher Education Week
through Jan. 15.
Wescoe, for whom Wescoe Hall was named in 1974, accepted the Student Senate's invitation to speak at the banquet Wednesday.
Education week outlined
W. Clarke Wescoe, chancellor of the University of Kansas from 1890 to 1899, will be the speaker at the Higher Education banquet Nov. 7.
He is now the chairman of the board of Sterling Drug, Inc., in New York City.
A panel discussion among the five HOPE Award finalists "will be Nov. 3 as part of the HOPE Awards."
football game. A reception in the Union for the winner and the finalists will follow the victory.
The HOPE award will be presented Nov.
6 during the halftime of the KULeague State.
Another panel discussion with faculty members and state legislators is planned.
"We hope we will give students a chance to get an idea of where higher education is going in the state, through the eyes of the student body. We will provide the student body vice president, said last week.
Nov. 5, students will have an opportunity to talk with the chancellor and administrators in an informal discussion in the Union.
The Student Senate established Higher Education Week in 1973 to convey the importance of higher education to Kansans.
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