Author Question: Which of the following cases would be discouraged under the Prison Litigation Reform Act? a. An ... (Read 177 times)

erika

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Which of the following cases would be discouraged under the Prison Litigation Reform Act?
 
  a. An inmate sues a corrections officer for punching him.
  b. An inmate sues because he was served cold soup for lunch.
  c. An inmate sues a corrections officer for stealing his belongings.
  d. An inmate sues a corrections officer for failing to act while another inmate stabbed him.

Question 2

What are some of the perceived benefits of unifying the state court systems, and how would a unified state court system be organized?
 
  What will be an ideal response



stano32

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Answer to Question 1

b

Answer to Question 2

A unified court system would, first and foremost, shift judicial control to centralized management. The loose network of independent judges and courts would be replaced by a hierarchy with authority concentrated in the state capital. Other perceived benefits of court unification would include the following four general principles:
1 . Simplified court structure. Court reformers stress the need for a simple, uniform court structure for the entire state. In particular, the multiplicity of minor and specialized courts, which often have overlapping jurisdiction, would be consolidated; therefore, variations among counties would be eliminated. There would be a three-tier system: a state supreme court at the top, an intermediate court of appeal, and a single trial court.
2 . Centralized administration. Reformers envision the state supreme court working with state and county court administrators and providing leadership for the state court system.
3 . Centralized rule making. Reformers argue that the state's supreme court should have the power to adopt uniform rules that would be followed by all courts in the state, including procedures for disciplining attorneys and setting time standards for disposing of cases. This change would shift control from legislatures to judges and lawyers.
4 . Centralized budgeting. With unification would come centralized budgeting by the state judicial administrator, who would report to the state supreme court. A single budget would be prepared for the entire state judiciary and sent to the state legislature. The governor's power to recommend a judicial budget would be eliminated. Lower courts would be dependent on the Supreme Court for their monies.



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