Changes in Court Workloads

The objective of this assignment is to enable you to demonstrate your understanding of how the increases and/or changes in court workloads are impacting the offices that are responsible for court management. It has been said (e.g., by Walter Olson in a 1991 book titled The Litigation Explosion) that there has been a “litigation explosion” in the courts, at both the trial and appellate levels. Respond to the following questions in an essay:

  • What does it mean that there is a “litigation explosion,” and is this accurate? (Be sure to address both trial and appellate levels.)
  • Are more cases being settled before coming to trial through a variety of mechanisms (e.g., plea bargaining, out-of-court settlement, mediation, arbitration)?
  • How does this “explosion” or the changes to how disputes are resolved affect court administrators?

Answer:

Title: Understanding the Impact of Litigation Explosion on Court Management

Introduction: The term “litigation explosion” refers to the perceived increase in the number of lawsuits filed in both trial and appellate courts over time. This phenomenon has been a subject of debate among legal scholars and practitioners, with some arguing that it reflects a genuine surge in legal disputes, while others contend that it may be influenced by various factors such as changes in legal norms, societal trends, and access to justice. In this essay, we will explore the concept of litigation explosion, examine the trend of case settlement before trial, and discuss the implications of these changes for court administrators.

Litigation Explosion: The notion of a litigation explosion suggests a significant uptick in the number of cases being filed in both trial and appellate courts. At the trial level, this may manifest as a surge in civil and criminal cases, leading to crowded dockets and increased pressure on court resources. Similarly, at the appellate level, there may be a rise in appeals filed challenging trial court decisions, further adding to the workload of appellate courts. While statistics may show fluctuations in case filings over time, whether this constitutes a true explosion in litigation is subject to interpretation and may vary depending on jurisdiction and context.

Case Settlement: One significant response to the perceived litigation explosion is the increasing trend of cases being settled before reaching trial. This is facilitated through various mechanisms such as plea bargaining, out-of-court settlements, mediation, and arbitration. Parties may choose to resolve their disputes through these alternative methods to avoid the time, expense, and uncertainty associated with litigation. Settlements not only alleviate the burden on court dockets but also offer parties greater control over the outcome of their disputes and promote efficiency in the justice system.

Impact on Court Administrators: The litigation explosion and the shift towards alternative dispute resolution mechanisms have profound implications for court administrators. The increased caseloads, whether resolved through trial or settlement, place greater demands on court staff, facilities, and resources. Court administrators must manage these pressures by implementing efficient case management practices, streamlining court processes, and allocating resources effectively. Additionally, the rise of alternative dispute resolution requires court administrators to collaborate with mediators, arbitrators, and other stakeholders to facilitate the resolution of cases outside the traditional courtroom setting.

Conclusion: In conclusion, the concept of a litigation explosion reflects the perceived increase in case filings in both trial and appellate courts. While the accuracy of this characterization may be debated, there is no denying the impact of changes in dispute resolution methods on court management. The trend towards settling cases before trial through mechanisms such as plea bargaining, mediation, and arbitration presents both challenges and opportunities for court administrators. By adapting to changing dynamics and implementing innovative strategies, court administrators can effectively manage workload pressures and ensure the efficient administration of justice in the face of evolving legal landscapes.

Calculate the price
Make an order in advance and get the best price
Pages (550 words)
$0.00
*Price with a welcome 15% discount applied.
Pro tip: If you want to save more money and pay the lowest price, you need to set a more extended deadline.
We know how difficult it is to be a student these days. That's why our prices are one of the most affordable on the market, and there are no hidden fees.

Instead, we offer bonuses, discounts, and free services to make your experience outstanding.
How it works
Receive a 100% original paper that will pass Turnitin from a top essay writing service
step 1
Upload your instructions
Fill out the order form and provide paper details. You can even attach screenshots or add additional instructions later. If something is not clear or missing, the writer will contact you for clarification.
Pro service tips
How to get the most out of your experience with Boom Grades
One writer throughout the entire course
If you like the writer, you can hire them again. Just copy & paste their ID on the order form ("Preferred Writer's ID" field). This way, your vocabulary will be uniform, and the writer will be aware of your needs.
The same paper from different writers
You can order essay or any other work from two different writers to choose the best one or give another version to a friend. This can be done through the add-on "Same paper from another writer."
Copy of sources used by the writer
Our college essay writers work with ScienceDirect and other databases. They can send you articles or materials used in PDF or through screenshots. Just tick the "Copy of sources" field on the order form.
Testimonials
See why 20k+ students have chosen us as their sole writing assistance provider
Check out the latest reviews and opinions submitted by real customers worldwide and make an informed decision.
Religious studies
I recommend this service they always help. I got an A in this project thanks.
Customer 452507, October 5th, 2021
Medicine
Great content.
Customer 452549, February 8th, 2022
Exercise Science
Thank you so much for your time.
Customer 452545, December 5th, 2021
Classic English Literature
Awesome Job... you are the best!
Customer 452531, November 27th, 2021
Gerontology
Thank you so much this looks great !!!!
Customer 452585, November 4th, 2023
english comp
Thank you for all your hard time.
Customer 452509, June 27th, 2021
Classic English Literature
Great Work as Usual. Thank you . I received an A on the paper!
Customer 452531, November 9th, 2021
Classic English Literature
Absolutely LOVE the essay I received. I really appreciate it so much.
Customer 452529, October 25th, 2021
Literature
Absolutely LOVE having help especially from the person who wrote this last one. THANK YOU
Customer 452529, November 19th, 2021
world civilization
Thank you for the quick response
Customer 452509, June 27th, 2021
Public Health
Thank you so much !!
Customer 452589, November 28th, 2023
English 101
perfect! thanks!
Customer 452543, December 1st, 2021
11,595
Customer reviews in total
96%
Current satisfaction rate
3 pages
Average paper length
37%
Customers referred by a friend
OUR GIFT TO YOU
15% OFF your first order
Use a coupon FIRST15 and enjoy expert help with any task at the most affordable price.
Claim my 15% OFF Order in Chat