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Civil Justice ReconsideredToward a Less Costly, More Accessible Litigation System$
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Steven P. Croley

Print publication date: 2017

Print ISBN-13: 9781479855001

Published to NYU Press Scholarship Online: January 2018

DOI: 10.18574/nyu/9781479855001.001.0001

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Reducing Undesirable Cases

Reducing Undesirable Cases

(p.138) 7 Reducing Undesirable Cases
Civil Justice Reconsidered

Steven P. Croley

NYU Press

This chapter marks the first of four reform chapters, taking up the issue of undesirable cases, which are those that should never be brought in the first place. The chapter accordingly proposes a number of filters to prevent or discourage undesirable cases from entering the civil litigation system altogether, again in the interest of lowering litigation costs. These reforms include tightening rules and procedures aiming at frivolous cases and increasing the potential use of sanctions, as well as mechanisms to provide advice to self-represented (pro se) individuals.

Keywords:   litigation costs, frivolous cases, pro se, sanctions

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