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In recent years, there has been an increasing awareness of the inadequacies of the judicial system in the United States. Costs a
In recent years, there has been an increasing awareness of the inadequacies of the judicial system in the United States. Costs a
admin
2014-01-13
42
问题
In recent years, there has been an increasing awareness of the inadequacies of the judicial system in the United States. Costs are staggering both for the taxpayers and the litigants — and the litigants, or parties, have to wait sometimes many years before having their day in court. Many suggestions have been made concerning methods of ameliorating(改善)the situation, but as in most branches of government, changes come slowly.
One suggestion that has been made in order to maximize the efficiency of the system is to allow districts that have an overabundance of pending cases to borrow judges from other districts that do not have such a backlog. Another suggestion is to use pretrial conferences, in which the judge meets in his chambers with the litigants and their attorneys in order to narrow the issues, limit the witnesses, and provide for a more orderly trial. The theory behind pretrial conferences is that judges will spend less time on each case and parties will more readily settle before trial when they realize the adequacy of their claims and their opponents’ evidence. Unfortunately, at least one study has shown that pretrial conferences actually use more judicial time than they save, rarely result in pretrial settlements, and actually result in higher damage settlements.
Many states have now established another method, small-claims courts, in which cases over small sums of money can be disposed of with considerable dispatch. Such proceedings cost the litigants almost nothing. In California, for example, the parties must appear before the judge without the assistance of counsel. The proceedings are quite informal and there is no pleading(辩护)— the litigants need to make only a one-sentence statement of their claim. By going to this type of court, the plaintiff(原告)waives(放弃)any right to a jury trial and the right to appeal the decision.
The pretrial conference, in theory, is supposed to do all of the following except______.
选项
A、narrow the issues
B、cause early settlements
C、save judicial time
D、increase settlement costs
答案
D
解析
细节判断题。根据题干关键词pretrial conference定位到原文第二段第二句。第二段第二、三句,可以得出选项narrow the issues,cause early settlements,save judicial time所表达的信息正是实行预审制度的目的。只有选项D没有提及。故答案为D。
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