Restructuring the Litigation Process The U.S. District Curt Central District f Califrnia plans t intrduce a pilt prgram that culd result in as many as 2,000 cases being remved frm the 21 federal judges in Ls Angeles. The Central District, which handles abut 15,000 cases a year thrughut the 7-cunty regin, is shrt six judges and cnsequently ver-run with litigatin. The prgram, designed t mve cases thrugh mre quickly and limit judges wrklads, wuld require certain types f cases t be autmatically sent t a settlement fficer, typically an attrney instead f a judge. The mtivatin was t expand the use f settlement fficers because it had been getting gd feedback. T the extent that cases are assigned t settlement fficers as ppsed t magistrate judges, that des free up judicial resurces, and we d have a crisis in judicial resurces. The caselad has increased 50 t 60 percent in the last five years.
Lcal attrneys and bar assciatins had until Jan. 7 t submit their pinins, which have nt yet been reviewed. Prgram rganizers are relatively cnfident the prgram will be apprved by the curt and culd be in place in as early as three t fur mnths. The pilt prgram will affect five judges, reducing caselads by abut 400 a year. But if the prgram gets implemented district-wide, with a full cmplement f 27 judges, it culd cut the number f cases by as many as 2,160. The Central District already requires parties t first attempt reslutin thrugh sme type f alternative dispute reslutin, r ADR, befre ging t trial.
The Essay on Capstone Case Brief
People in the United States commit crimes and make up excuses why they should not be held accountable for a crime. Insanity and temporary Insanity have significant differences. One might ask themselves is there really any meaningful difference? During the history of our court system there has been many significant court decisions which address the controversy topics of insanity and temporary ...
Parties may nw pt fr ne f fur frms f ADR: A retired judge culd act as a mediatr r arbitratr; a trial judge r magistrate might be assigned t reslve the dispute; a judge unfamiliar with the case but wh has been selected t hear settlement presentatins in specific specializatins might be chsen; r a settlement fficer, typically an attrney frm a specialized area, culd hear the case. Under the pilt prgram, cases where the amunt in dispute is under $250,000 wuld be shuttled directly t a settlement fficer. Mst affected by the prgram wuld be mtr vehicle and prduct liability persnal injury suits, as well as medical malpractice. It als cvers sme cntract disputes and civil rights emplyment cases. In requiring settlement fficers t assume the lad in dispute reslutin, the curt has tapped the least used f the fur ptins nw available t litigants, a pint sme attributed t the desire t have a judge r magistrate versee the prcess. Persnal injury attrneys said that might present a prblem in sme cases. Judges have a perspective in terms f their persnal experience as t what juries d with cases, and that may have an impact n whether ne side r the ther will settle.
In thse cases where the client, n ne side r the ther, feels they want their day in curt, having a judge invlved, whether retired r anther judge, has an added benefit. n additin, many self-insured business wners may feel threatened by having a lawyer – wh ften cmes frm the plaintiffs side f the industry – handle the dispute. Private mediatin has a much higher settlement rate than the mandatry mediatin prcess, because if smene elects t g thrugh mediatin, usually they have a vested interest in wanting that case t settle. Fifty percent settle thrugh a curt-mandated system, and prbably maybe 85 percent wuld settle thrugh a private mediatr. Still, prgram rganizers anticipate that intrducing mre attrneys and litigants t the ptin f a settlement fficer culd encurage mre widespread use f the prgram. ADR is an increasingly ppular avenue fr mst cases anyway, and the majrity f federal districts have already implemented mandatry referrals by case type r judge request..
The Essay on Ring V. Arizona Case Brief
Facts of the case: On November 28, 1994, The body of an armored van driver was found dead inside the vehicle. Also, there was more than $800,000 missing from the van leading police to believe that this was a robbery and homicide case. There were no witnesses to the crime except a local bystander who stated that two vehicles, a van and a red truck were speeding down the road earlier that day and ...
