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Topic: Judicial economy

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	Judicial Supplement 40 - The Prosecutor v. Momcilo Krajisnik - Case No. IT-00-39-PT
		Legal consequences of Rule 94(B): the procedural legal impact of taking judicial notice of an adjudicated fact is not that the fact cannot be challenged or refuted at trial, but rather that the burden of proof to disqualify the fact is shifted to the disputing party.
		The Trial Chamber stated that Rule 94 “is for the purpose of achieving judicial economy in the sense that it condenses the relevant proceedings to what is essential for the case of each party without rehearing supplementary allegations already proven in past proceedings and thereby shortens the duration of the trial”.
		In other words, the Trial Chamber held that “the procedural legal impact of taking judicial notice of an adjudicated fact is not that the fact cannot be challenged or refuted at trial, but rather that the burden of proof to disqualify the fact is shifted to the disputing party”.
	www.un.org /icty/Supplement/supp40-e/krajisnik.htm (918 words)

	Judicial economy - Wikipedia, the free encyclopedia
		Judicial economy most commonly refers to the refusal of a court to decide one or more claims raised in a case, on the grounds that it has decided other claims in the case and that its decision on those claims should satisfy the parties.
		Having found for the plaintiff for a violation of the first law, the court then has the discretion to exercise judicial economy and refuse to make a decision on the remaining two claims, on the grounds that the finding of one violation should be sufficient to satisfy the plaintiff.
		Class action lawsuits are another example of judicial economy in action, as they are often tried as a single case, yet involve many cases with similar facts.
	en.wikipedia.org /wiki/Judicial_economy (283 words)

	Public Citizen \| Litigation Group \| Litigation Group - Petition to Repeal Department of Justice Rule on FOIA Appeals
		Besides running counter to the language of FOIA and Congress's intent in enacting it, this regulation does not promote judicial economy, is likely to increase the Department's litigation costs, and unfairly penalizes those requesters who exercise the right provided to them by statute to seek judicial review of the Department's denial of their request.
		Courts have consistently emphasized the need for judicial economy and the role that full administrative procedures play in ensuring that courts are not unnecessarily burdened by appeals of agency decisions.
		Judicial economy dictates that the agency should complete its decisionmaking process before forcing a court to decide the issue.
	www.citizen.org /litigation/free_info/foic_rep/articles.cfm?ID=6354 (1634 words)

	eKantipur.com - Nepal's No.1 News Portal
		A recent decision by the special judicial court related to the former Nepali Congress central committee member and Minister Khum Bahadur Khadka exposes this ugly situation and supports the public outcry that many judges are unaccountable and out of touch with the citizens they are supposed to serve.
		Our judicial system should set up a new independent council within their jurisdiction or revamp the existing one to monitor the probity of the courts and to investigate allegations of corruption and other misconduct by the judges.
		The judicial system must begin to set its house in order to help build a fair society, enforcing law and order in the country, restoring integrity and competence in the legal system, and securing property rights, thereby, giving a big boost to the economic development of our nation.
	www.kantipuronline.com /kolnews.php?&nid=79354 (982 words)

	FSM Constitution - Article 11
		This determination should turn on considerations of judicial economy, convenience and fairness to litigants and should be instructed by a desire of the federal or nat'l court to avoid needless decisions of state law.
		A case must be one appropriate for judicial determination, that is, a justiciable controversy, as distinguished from a difference or dispute of a hypothetical or abstract character, or one that is academic or moot.
		Judicial review of a certification of extraditability, although not appealable, is available to an accused in custody by seeking a writ of habeas corpus.
	www.fsmlaw.org /fsm/constitution/article11.htm (10021 words)

	Separation of judiciary or judicial independence
		He said that the judicial officers are to be appointed at the lower level and they should be trained which is a lengthy process.
		"Judicial independence is the freedom that a judge should have to decide a case in front of her based on the facts and law, free from outside pressures or special interests." (Excerpt from: League of Women Voters: Creating A Just Society: Judicial Independence).
		Judicial decisions are not influenced by a judge's personal interest in the outcome of the case.
	nation.ittefaq.com /artman/publish/printer_25477.shtml (857 words)

	WTO \| Appellate Body Repertory of Reports and Awards 1995-2005
		The practice of judicial economy, which was first employed by a number of GATT panels, allows a panel to refrain from making multiple findings that the same measure is inconsistent with various provisions when a single, or a certain number of findings of inconsistency, would suffice to resolve the dispute.
		Although the doctrine of judicial economy allows a panel to refrain from addressing claims beyond those necessary to resolve the dispute, it does not compel a panel to exercise such restraint.
		Therefore, we are not persuaded that the Panel’s exercise of judicial economy was improper, as Brazil has not demonstrated that it has led to “a partial resolution of the matter”.
	www.wto.org /english/tratop_e/dispu_e/repertory_e/j1_e.htm (2232 words)

	[No title]
		In an effort to improve judicial economy, certain frequently-heard cases should be heard by one judge on all matters.
		Although helpful in understanding the statutory and constitutional prohibitions on judicial behavior, the question of whether a judge has violated codes of judicial conduct is not determinative of the central issue of whether his conduct was prejudicial to the administration of justice.
		Conduct prejudicial to the administration of justice that brings the judicial office into disrepute has been defined as "conduct which a judge undertakes in good faith but which nevertheless would appear to an objective observer to be not only unjudicial conduct but conduct prejudicial to public esteem for the judicial office." ZZId.
	www.ibiblio.org /pub/docs/nc-supreme-court/jun1794/bullock (1169 words)

	LEGAL REFORM
		Judicial reform is the key task facing the Russian government, said the World Bank President James Wolfensohn during his opening speech at the international conference Empowerment, Opportunity and Security through Law and Justice.
		Sergey Stepashin was the Minister of Justice of Russia and always viewed the restructuring of judicial institutions in Russia as a matter of paramount importance.
		Sergey Pashin Sergey Pashin (the father of the law respecting jury trials) was fired as the head of the Judicial Reform Department ("JRD"), and, in 1997, the JRD itself was dismantled.
	www.russianlaw.org /reform.htm (7242 words)

	Untitled Document
		Judicial selection is a subject of some controversy and has been for some time.
		With respect to judicial institutions, it does not appear that this “self-selection” effect is important — various studies have found few significant differences in such things as where the judge went to school, the years of education, religious affiliation, and so forth.
		Andrew Hanssen, The Effect of Judicial Institutions on Uncertainty and the Rate of Litigation: The Election Versus Appointment of State Judges, 27 J.
	www.law.ku.edu /oldsite/jrnl/v9n3/v9n3p413.html (6219 words)

	SSRN-Judges and Taxes: Judicial Review, Judicial Independence and the Size of Government by George Tridimas
		Judicial oversight of policy is the authority of courts to check the legality of policy measures and annul measures which are incompatible with the constitution or are enacted without following the procedures laid down by the law.
		Using a model of constitutional political economy, where policy making is subject to judicial oversight, it is predicted that the relative size of the public sector decreases as judicial review and judicial independence increase.
		Controlling for the effects of real income, age, dependency, openness of the economy, the legal origins of a country and other socio-political variables the results show that the checks and balances provided by the judiciary lead to a smaller relative size of taxes in the economy.
	papers.ssrn.com /soL3/papers.cfm?abstract_id=660681 (330 words)

	Town of Otis v. Derr
		[¶3] The judicial economy exception has two requirements: first, that "review of a non-final order can establish a final, or practically final, disposition of the entire litigation," Id. at 464; and second, that the interests of justice require that immediate review be undertaken.
		Williams, 1998 ME 32, ¶ 7, 706 A.2d 1038, 1039 (The judicial economy exception applied when the sudden retirement of a judge resulted in inordinate delay in a child custody matter.).
		Those exceptions are the judicial economy exception, the death knell exception, and the collateral order exception.
	www.courts.state.me.us /opinions/documents/01me151o.htm (646 words)

	Court
		The extent of a court's power to hear the various matters which come before it is known as that court's jurisdiction, which is granted by a constitutional provision, Act of Parliament or anyway by an enabling statute.
		The various matters which come before a pluripersonal court are usually assigned to a particular judge, or a judicial officer (such as a court commissioner[?]) serving in the capacity of a judge pro tem[?].
		Every court has a presiding judge and may have one or more other judges and/or judicial officers assigned to various court departments.
	www.ebroadcast.com.au /lookup/encyclopedia/ju/Judicial.html (143 words)

	Justical Toleration of Racial Bias
		Given the court's occasional bold decisions and its public, extra- judicial war on racism, the cases that accommodate racial bias in the courtroom are difficult to understand.
		The courts look the other way when persons of color are denied their rights to participate in the justice system as jurors, accommodating concerns about crime prevention, judicial economy and the adversary system.
		Judicial economy, crime prevention, and protection of the adversary system are important values.
	academic.udayton.edu /race/03justice/justice02a.htm (1644 words)

	Friedman
		The judicial budget has been held hostage to congressional discontent, and at one notable point when Congress was frustrated with the Supreme Court it refused the Justices a pay raise when everyone else in the judiciary got them.
		Whether judicial decisions reflect the imperatives of the law or the preferences of the judges - a subject of much debate - seeing those decisions actually implemented is a matter of common concern for courts.
		Judicial orders in constitutional cases tend to be directed at government officials, and the public-at-large has little in the way of compliance responsibility.
	www.ceu.hu /legal/Friedman.htm (6799 words)

	Doyle Zakhem Suhre & Lilly - Publications (Site not responding. Last check: )
		Expanded judicial clerkships are critical to the effective and efficient administration of justice, especially given the rising caseload of complex cases and the growing number of pro se litigants.
		Creating more judicial clerkships will improve judicial economy on the "front end" by providing judges with the resources to handle each and every case on their docket fairly and efficiently.
		Creating more judicial clerkships will improve judicial economy on the "back end" by creating better lawyers who know the difference between a case that should settle or seek alternative dispute resolution and a case that needs to be resolved by the judicial process.
	www.doyleandzakhem.com /pubs/modest.htm (720 words)

	CV760370 Gunty PS v. Quantum 21 Nov 1997 Def. Memo Not Class Action
		In the interests of judicial economy, Defendants asked Plaintiff to litigate all of its claims in federal court, by appending the California claims to the Federal Complaint.
		The Interests of Judicial Economy Militate Against Duplicative Proceedings One of the principal justifications for class action treatment is to promote judicial economy by avoiding a multiplicity of actions arising out of the same factual dispute.
		Judicial economy will be promoted by concentrating shareholder class action claims against Quantum in a single forum.
	securities.stanford.edu /1008/QNTM96/3003.htm (3106 words)

	Government Branches: Judicial
		The judicial branch hears cases that challenge or require interpretation of the legislation passed by Congress and signed by the President.
		It consists of the Supreme Court and the lower federal courts.
		Justices are nominated by the President and confirmed by the Senate.
	www.whitehouse.gov /government/judg.html (98 words)

	D.H.S.v. Poulin
		Poulin asserts that we should apply the judicial economy exception to the final judgment rule and decide that the Superior Court erred in failing to rule upon and grant Poulin's motion to dismiss.
		Lowatchie, 569 A.2d 197 (Me. 1990), as authority for his assertion that the judicial economy exception is applicable to his interlocutory appeal of the court's failure to grant his motion to dismiss.
		We decline to extend the judicial economy exception of the final judgment rule to the limited discovery order entered in this case, and we conclude that the Superior Court did not exceed the bounds of its discretion when it declined to rule on Poulin's motion pending completion of limited discovery.
	www.courts.state.me.us /opinions/documents/02me54de.htm (794 words)

	Amazon Defense Coalition - Amicus Brief
		According to this principle the judge or tribunal is obligated to manage the judicial process in the most favorable manner, eliminating the practice of unnecessary procedures and prohibiting the repetition of procedures already completed.
		There are many judicial processes – as many civil as criminal – in which every piece of evidence pleaded is not brought onto the record because sufficient proof of a cause of action already exists, a fact which has never been placed in doubt by national or international magistrates.
		To conduct a trial according to the principles of economy, expedience and efficiency may be difficult in some cases – especially when one party shows a relentless intention to abuse institutional procedures.
	www.texacotoxico.org /eng/index.php?option=com_content&task=view&id=254&Itemid=98 (2224 words)

	Immunity
		Thus, in determining whether an action undertaken by a nonjudicial officer is a "judicial function" clothed in absolute quasi-judicial immunity, the Supreme Court considers whether a function that is part of the judicial process is functionally comparable to that normally performed by judges in that it involves the exercise of a discretionary judgment.
		As an officer of the court, the trustee is entitled to a form of derivative judicial immunity from liability for actions carried out within the scope of the trustee's official duties.
		In setting the confirmation hearing, the trustee and her staff were performing a judicial function that required the exercise of discretionary judgment.
	www.wellsofjustice.com /immunity.htm (3210 words)

	Entire
		As a final rationale for its decision, the Court found that judicial economy was enhanced by application of this doctrine to parties because "(f)ragmented and multiple litigation takes its toll on not only the parties but the judicial institution and the public." Id.
		The Court’s preference for judicial economy is further apparent in UM/UIM situations.
		Therefore, in the Court’s opinion, it would not serve judicial economy to require the insured to relitigate the same issues (liability and damages) in an Arbitration proceeding, which had been tried to conclusion in a personal injury trial.
	www.kkjt.com /Entire.htm (561 words)

	IMP, Inc., CASE #: 96-CV-20826, Securities Class Action Defendants' Reply Memorandum in Support of Their Motion to Stay ...
		Judicial economy and efficiency would not be served by allowing both actions to proceed as class actions." Id.
		The considerations of judicial economy present in Schneider at the class certification stage are equally appropriate to the consideration of this motion.
		judicial economy militate in favor of granting this motion.
	securities.stanford.edu /1008/IMPX96/014.html (3385 words)

	U.S. SENATE FILES MOTION REQUESTING MORE TIME IN JUDICIAL WATCH’S FILIBUSTER LAWSUIT APPEAL
		Senate lawyers argue the constitutionality of the filibuster rule as applied to judicial nominees -- which is the central issue of Judicial Watch’s lawsuit -- will likely be decided upon this week as the U.S. Senate considers the Owen nomination.
		Judicial Watch filed its lawsuit in May 2003 against the U.S. Senate in order to have the court declare unconstitutional the use of filibusters to block judicial confirmations, Judicial Watch, Inc. v.
		The Senate’s defense in Judicial Watch’s lawsuit was reportedly agreed upon by both Republican and Democrat leaders, including Senator Frist.
	www.judicialwatch.org /printer_5328.shtml (355 words)

	The Navajo Nation -vs- Patricia M. Jim and Clinton Jim
		The court has the authority to dismiss charges for a lack of a speedy trial taking into account judicial economy, the speedy trial right, fair trials on the merits, and the swift and certain administration of justice.
		Aside from any assertion by a defendant, the court must consider judicial economy, the speedy trial right and a fair trial to determine the facts and law on the merits, and the swift and certain administration of justice.
		In addition, this court recognizes the instructions of the Navajo Nation Supreme Court in speedy trial cases that judges must independently consider judicial economy, the speedy trial right, fair trials on the merits, and the swift and certain administration of justice.
	www.tribal-institute.org /cases/navajo/jim.htm (1219 words)

	CASRIP Newsletter - Vol 14, Iss 2
		The Voda court announced that the proper exercise of judicial discretion demands a case-specific analysis, concerning possible interference with obligations under patent treaties, and consideration of the important values of judicial economy, convenience, fairness, and comity.
		The court extensively explored the values of judicial economy, convenience, fairness and obligations under treaties, expressing concern that exercising jurisdiction in this case “could” detrimentally affect one or all of them.
		42 Moreover, the considerations of convenience, judicial economy and fairness should balance a concern for the time and resources of the plaintiff and defendant, as well as those of the court.
	www.law.washington.edu /Casrip/Newsletter/Vol14/newsv14i2US1.html (2654 words)

	JS Online: Are courts becoming too activist?
		Sometimes judicial activism and its obverse, judicial restraint, are determined based on whether or not a court inserts its own political beliefs into decisions.
		Debate over judicial authority is important because it is an examination of the role of a particular government branch in our lives, just as discussion of the USA Patriot Act or the independent counsel statute makes us examine the roles of the executive and the legislative branches.
		Indicators of judicial restraint include a modest conception of the judicial role, responsibility toward authoritative sources and the maintenance of reasonable coherence and predictability in the law.
	www.jsonline.com /story/index.aspx?id=359831 (1871 words)

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