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Question Description
Respond substantively to at least 2 of your classmates with a minimum of a 1-paragraph response to each person. In this case, “substantive” means that your focus should be on the following:
Your agreement or disagreement with your classmates’ conclusions about whether a litigation explosion has occurred recently (over the last 2 decades)
Whether you agree or disagree with your classmates’ positions on how court administrators are affected
Additional thoughts stimulated as a result of points made by your classmates
Student paper down below:
The term litigation explosion comes in the form of an overload of lawsuits being handed by different courts. This seems to be common in both trial and appellate levels. Since these the courts are overloaded, cases may even take years before being presented. This made me think about the case I sat in on as a juror. The incident happened over 15 years ago but the case finally made it to trial. Although, there was a lot of witnesses that needed to be tracked down after all that it, it still took years. A family was suing the city for gross negligence of their daughter who was mentally ill. There daughter had went to a community pool owned by the city and drowned. Although, litigation explosion has occurred, there have been some ways to relieve overloaded dockets by requiring initial proof that there is a legal issue. (Sitomer,1984). With the many different types of lawsuits people put other such as a man in Texas taking the school board to court for lowering his daughter’s grade for excessive tardiness or the Georgia man who filed a suit to have Ohio declared illegal because congress never properly mad it a state. there are many more lawsuits just like these ones.
Cases are more likely to be settled because of many reasons. One reason is because the cost of a lawyer is just too expensive. In the event a person needs a lawyer, the lawyer can charge a rate of some much an hour and if the case does not go in their favor there could be potentially even more money wasted. Imagine paying a lawyer and then still lose the case, that’s a double lost in my book. Cases being settled are a win for the courts because it takes the case off a potential trial. Plea bargaining is another way case s can be settled. Many people take plea-barging’s because of the person may not want to take their chances of possibly receive the maximum penalty for the crime. Since there a lot change on how disputes are resolved, the effect on court administrators have changes also. If there are a lot of plea bargains, then more paperwork for the court admin occurs. This puts strain on the court admin and again backs ups occur.
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