NCJ Number
52365
Date Published
1978
Length
20 pages
Annotation
COURT SYSTEM MODELS IN ENGLAND, SCOTLAND, CANADA, AUSTRALIA, AND NEW ZEALAND ARE REVIEWED TO DETERMINE PROCEDURES WHICH COULD BE ADAPTED TO THE U.S. COURT SYSTEM FOR REDUCING INEFFICIENCY AND ENSURING FAIRNESS.
Abstract
THE PROCEDURAL ADVERSARY SYSTEMS IN THESE COMMON LAW FAMILIES, WITH THEIR CORRELATES OF THE PRINCIPLE OF PARTY CONTROL AND PROSECUTION, SHARE BASIC CONCEPTS REGARDING THE ROLES OF COURT AND COUNSEL THAT ARE SIMILAR TO THE U.S. SYSTEM. THE BASIC COURT STRUCTURES IN THESE COUNTRIES ARE DISCUSSED, AND UNIQUE PROCEDURAL ELEMENTS ARE REVIEWED. THE PROCESS OF GENERAL DISCOVERY, DISCOVERY OF DOCUMENTS, TANGIBLE DISCOVERY, APPOINTMENT OF MASTERS, MASTERS' FUNCTIONS, JURISDICTIONS, PRACTICES AND APPEALS, SUMMARY JUDGMENTS, PAYMENTS INTO COURT, SETTLEMENTS OR COMPROMISES, COURT COST SYSTEMS, LEGAL AID, JURY IMPANELMENT, AND APPEAL PROCEDURES ARE EVALUATED IN REGARD TO THEIR UTILITY FOR THE AMERICAN SYSTEM. THE FOLLOWING PARTICULAR ELEMENTS MIGHT BE VALUABLE TO RESEARCH: (1) THE ROLE OF PLEADINGS IN IDENTIFYING AT THE EARLIEST POSSIBLE STAGE THE ISSUES IN THE ACTION AND IN LIMITING THE EXTENT OF PRETRIAL DISCOVERY; (2) THE EXTENT TO WHICH A SYSTEM OF 'FACT PLEADING' SHOULD REPLACE 'NOTICE PLEADING'; (3) THE EXTENT TO WHICH THE AMERICAN SYSTEM OF PRETRIAL ORAL DISCOVERY COULD AND SHOULD BE REDUCED; (4) ADOPTION OF A CONSTITUTIONALLY ACCEPTABLE MASTER SYSTEM SIMILAR TO ENGLAND'S; (5) ESTABLISHMENT OF THE PRINCIPLE OF INDEMNITY COSTS; AND (6) ABANDONMENT OF THE JUDGE'S ROLE IN PROMOTING SETTLEMENTS BETWEEN PARTIES IN LITIGATION. (DAG)