Ch9. Special Procedures — Small Claims, Administrative Appeals, and Family Law

Small Claims Court and Simplified Procedures

Small claims court (state court):
  Streamlined procedure for low-dollar disputes.
  Dollar limits vary by state:
    California: up to $12,500 (individuals) / $6,250 (businesses).
    New York: up to $10,000 (NYC Civil Court).
    Texas: up to $20,000 (Justice of the Peace Court).
  No formal rules of evidence; parties typically appear
  pro se (attorneys sometimes excluded or discouraged).
  Judge decides same day or shortly thereafter.
  → Analogous to Korean "소액사건심판" (claims ≤ ~$27,000 USD).

Federal small-claims analog:
  No dedicated federal "small claims" track.
  Magistrate judges may handle minor disputes with
  consent of both parties (28 U.S.C. § 636(c)).

Expedited / fast-track procedures:
  Many state courts have differentiated case management
  with shortened discovery and trial tracks for
  lower-value cases (e.g., California "limited civil" cases
  up to $35,000).

Enforcement of small-claims judgments:
  Prevailing party must separately enforce — the judgment
  itself does not transfer money.
  Enforcement: wage garnishment, bank levy, abstract of
  judgment recorded as property lien.

Default in small claims:
  If defendant does not appear, the court may enter a
  default judgment — analogous to Korean 이행권고결정.

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Administrative Procedure — Challenging Agency Action

Administrative adjudication:
  Federal agencies (IRS, NLRB, SSA, EPA, etc.) render
  administrative decisions through ALJ (Administrative Law
  Judge) hearings that follow quasi-judicial procedures.

APA — Administrative Procedure Act (5 U.S.C. §§ 551-706):
  Governs federal agency rulemaking and adjudication.
  Provides the framework for judicial review of
  agency actions.

Exhaustion of administrative remedies:
  Before seeking judicial review, a party generally
  must exhaust all available administrative appeals.
  → Analogous to Korean "행정심판 전치주의."
  Statutory exhaustion (mandatory) vs. prudential
  exhaustion (court's discretion to excuse).
  Exceptions: futility, irreparable harm, no adequate
  administrative remedy.

Standard of judicial review of agency action
(APA § 706):
  ① Arbitrary and capricious: Most common standard —
       agency action reversed if it is arbitrary,
       capricious, an abuse of discretion, or otherwise
       not in accordance with law.
       Motor Vehicle Mfrs. Ass'n v. State Farm (1983).
  ② Substantial evidence: Applies to formal adjudications
       (on-the-record proceedings) — agency fact-findings
       upheld if supported by substantial evidence.
  ③ De novo: For constitutional issues and certain
       jurisdictional facts.

Time limits for filing for judicial review:
  General: APA claims typically must be filed within
    6 years of the agency action (28 U.S.C. § 2401(a)).
  Special statutes often impose shorter windows
  (e.g., Clean Air Act: 60 days).
  → Analogous to Korean "처분일 1년 / 안 날 90일."

Venue for administrative appeals:
  D.C. Circuit: Regulatory actions of national scope.
  Circuit where petitioner resides or does business.
  District courts: Social Security, immigration removal.

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Family Law Proceedings

State court jurisdiction:
  Family law (divorce, custody, support, adoption) is
  exclusively state court matter.
  Federal courts almost never exercise jurisdiction
  over "domestic relations" matters (Ankenbrandt v. Richards).

Divorce (dissolution of marriage):
  No-fault divorce available in all 50 states.
  Fault grounds still exist in some states but rarely
  affect property division.
  Property division:
    Community-property states (CA, TX, WA, AZ, etc.):
      Marital assets split 50/50 by default.
    Equitable-distribution states (most others):
      Court divides marital assets "equitably"
      (not necessarily equally), considering
      length of marriage, contributions, economic
      circumstances.
  → Analogous to Korean "재판상 이혼 / 재산분할."

Custody and parenting plans:
  Legal custody: decision-making authority.
  Physical custody: residential arrangements.
  Best-interests-of-the-child standard governs.
  Court may appoint a guardian ad litem or
  CASA volunteer to represent child's interests.
  → Analogous to Korean "친권자 지정."

Child support:
  Calculated using state statutory guidelines
  (income shares or percentage-of-income model).
  Modifiable on showing of substantial change
  in circumstances.

Mediation / collaborative divorce:
  Most states require mediation before contested
  family trial (analogous to Korean "조정 전치주의").
  Collaborative divorce: both parties hire
  collaborative attorneys and commit to settle.

Domestic violence / restraining orders:
  Emergency protective order (EPO): issued by police.
  Temporary restraining order (TRO): court, ex parte.
  Permanent protective order: after noticed hearing.

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Key Concept Cards

Small Claims Dollar Limits ★★★★★ : State-court only; varies by state ($10,000–$25,000 range); informal procedure; parties usually appear pro se; enforceable through same post-judgment tools as regular judgments. Memory hook: Small = simple procedure, same enforcement

APA Judicial Review — Arbitrary and Capricious ★★★★★ : Default standard for reviewing informal agency action. Agency must explain its reasoning; if it fails to consider relevant factors or ignores its own data, the action is invalid. Memory hook: Agency must show its work or lose in court

Exhaustion of Remedies ★★★★★ : Must use all available agency appeals before suing in federal court. Exceptions: futility, irreparable harm, no adequate remedy. Memory hook: Exhaust the agency ladder first

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Practice Quizzes

Q. What is the difference between a default judgment in small claims court and the payment-order procedure (이행권고결정)?

In US small claims court, if the defendant fails to appear, the judge enters a default judgment for the amount the plaintiff requested (up to the jurisdictional cap). This is a final judgment immediately enforceable through garnishment or levy — but it has no res judicata effect on substantive defenses the defendant could have raised (they may move to vacate for excusable neglect). In Korean procedure, the 이행권고결정 is a summary order analogous to a default, with a 2-week objection window; if no objection is filed, it becomes equivalent to a final judgment.

Q. In an administrative appeal, when may a litigant skip the exhaustion requirement and go straight to federal court?

Three main exceptions excuse exhaustion: (1) Futility — pursuing the agency appeal would be futile because the agency has already clearly decided the issue or shown hostility to the claim. (2) Irreparable harm — requiring exhaustion would cause irreparable injury that cannot be remedied on post-judgment review (e.g., ongoing constitutional violation). (3) No adequate administrative remedy — the agency lacks power to grant the relief sought (e.g., a constitutional challenge to the agency’s enabling statute). Courts also sometimes excuse exhaustion when the administrative process would be unreasonably delayed.