Essay Sample on Exploring the Causes of a Litigation Explosion in the Courts

Introduction

Litigation explosion could be explained in the realms where several lawsuits fill the courts which may be caused by loss of a sense of community, the traditional values that have broken down, wasteful companies of insurance or the vast majority of hungry lawyers (Mintz, 2017). Many judges and lawyers have always portrayed the notion that our courts are buried in growing avalanche of cases. However, it has been argued that many litigious populations turn to the courts to solve most of their minor disputes. Litigation rates have increased in courts in the logical contexts owing to the growing body of statutes and cases that emblem the rights to seek redress in the courts.

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A vast majority believes of the public that our society suffers litigation explosion as most Americans believe that fellow citizens are quick to use the civil justice system in dispute resolutions as jurors willingly had out most verdicts of the jury. That explains the reasons for the public anxiety on litigation explosion as the tort reforms proponents are in support of the policy changes implementations in the justice system. It is no wonder the public has formed a belief in the deep-seated notion in the non-existence of the litigation explosion (Meinhold & Neubauer, 2011). Litigation explosion has been an increasing phenomenon in the U.S courts and has become burdensome to the society, and its significance and consequences continue to be debated. Nonetheless, litigation explosion has become cumbersome to the vast majority of lawmakers, citizens, politicians, business leaders and scholars who are in the view that something should be done to limit litigation as it is inefficient and expensive (Johnston,2007).

Not most cases are currently being settled before coming to trials through varied mechanism's a result, and it has led to much litigation hyperlexic or the law explosion that has informed the unprecedented number of cases overwhelming. That further strains the institutional capacity of the courts besides driving up the costs and delays the justice associated with such matters. Excess litigation has made the courts inaccessible to many claims that are merit coupled with people of moderate means. The interminable delays and the overcrowding in courts have proved to repress the emergence of a vast majority of claims that are cognizable together with the denial of proper remedies of such just cases. As opposed to the past, currently, courts have reduced their reliance on adjudicating methods to decide matters of contests in both trial and appellant levels. That is owing to the convicted belief by any judges and legal scholars that adversary methods are slow and may not be workable in this era of overcrowding in courts.

Most judges are assigned active roles in the inquisition roles in the process of litigation, and they would be expected to inhibit the truth. Albeit, when they are posted neutral or passive functions, they would be expected to channel their energies to resolve disputes purported by the litigants. Walter Olson, in his book The Litigation Explosion, is, therefore, an added voice to the explosion of litigation which he says is inevitable, especially in America (Olson, 1991). It is unavoidable that most lawyers' methods of dispute resolutions may be disastrous, an unmitigated failure.

Conclusion

As Olson purposes in his book Litigation Explosion, civil litigation has become a grotesque global failure owing to its irrationality, hatred, and expenses. Litigation explosion in the United States, for instance, has squandered most of the state's fortunes as most of the talented intellectuals have been reduced into ruined valuable enterprises, dubious wars. Also, the practice of honorable professions has been made miserable as needles pain is brought to broken families. Litigation explosion law in America has overwhelmed the courts leading to overcrowding which has further strained the capacity of the institution leading to a rise in the costs and delays cases.

References

Johnston. (2007, January).The Litigation Explosion, Proposed Reforms and their Consequences.Brigham Young University Journal of Public Law. Retrieved fromhttps://www.pelssematicscholar.com

Kirsch, J. (1991, April).Book Review: A Closing Argument on the Legal System: thelitigation explosion; What Happened When America Unleashed the Law Suit byWalker, K.Olson.Los Angeles Times. Retrieved from https://www.latimes.com

Meinhold, S. & Neubauer, D. (2001).Exploring Attitudes about Litigation Explosion. The JusticeSystem Journal. Retrieved from https://www.jstor.com

Mintz, R. (2017, January).The Litigation Explosion.RJMINTZ.Retrieved fromhttps://www.rjmintz.com