Archives: Civil Justice / Model Policies
Archives: Civil Justice / Model Policies (page 2)
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Quality Education and Teacher and Principal Protection Act
Section 1. {Title} This act may be known as the “Quality Education and Teacher and Principal Protection Act.” Section 2. {Legislative findings} The Legislature finds that ensuring the quality of…
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Resolution Protecting Online Platforms and Services
WHEREAS, the Internet has created millions of new American jobs and generated billions of dollars in revenue for American businesses; WHEREAS, online platforms enabled users to generate, upload, and share…
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Transparency in Lawsuits Protection Act
Summary On occasion, courts create an “implied” cause of action or a right to sue in regulatory legislation. The principles for when courts will or will not create these “implied”…
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Private Attorney Retention Sunshine Act
Model Policy Section 1. {Title} This act may be known as the Private Attorney Retention Sunshine Act Section 2. {Definitions} (A) For the purposes of this…
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The Fair Notice and Market Stability Act
Summary This Act will achieve and sustain a healthy judiciary while ensuring market stability by: requiring that public policy decisions be made in open public proceedings with…
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Administrative Procedures Act
Section 1. {Short Title} Section 2. {Purpose} a. Rules shall be as simple and clear as possible. They shall achieve legislative goals effectively and efficiently. They shall not…
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Volunteer Immunity and Charitable Organization Liability Limit Act
Model Policy Section 1. {Title} This Act shall be known as and may be cited as the Volunteer Immunity and Charitable Organization Liability Limit Act. Section 2. {Legislative finding and declaration…
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Copycat Product Act
Model Policy [Title, enacting clause, etc.] Section 1. {Liability for damages} (a) In any civil action for personal injury, death, or property damage caused by a product, regardless of the type…
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Resolution in Support of Efforts to Promote Impartial, Independent, and Highly-Qualified State Judiciaries
WHEREAS, most states select judges at some level through a form of popular election and many fill interim vacancies through appointments; WHEREAS, state judicial elections have become…
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Periodic Payment of Judgements Act
Summary The Periodic Payment of Judgements Act modifies the common law rule requiring that judgements be paid as a lump sum. The modifications provided by the Act allow a claimant…
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Assumption of Risk Act
Summary In recent years, courts in some states have held that when the legislature adopted a comparative fault statute, which bases the award to the plaintiff on the defendant’s percentage…
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Notice and Opportunity to Repair Act
By: [State legislator] Referred to: [Committee with original jurisdiction over insurance issues] An Act relating to Construction Defect claims in Dwellings. Legislative declaration: The legislature finds, declares, and determines that…
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Comparative Fault Act
Summary This Act adopts a modified comparative fault system which bars a plaintiff’s recovery whose fault exceeds that of the defendants and nonparties. This ensures that only…
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Alternative Dispute Resolution Act
Model Legislation Section 1. {Title.} This Act shall be known as and may be cited as the Alternative Dispute Resolution Act. Section 2. {Creation of multi-door courthouse for use of…
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Product Liability Act
Product Liability Act Summary The Model Product Liability Act (“Model PLA”) provides legislators with core product liability provisions reflecting the best…
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Forum Non Conveniens Act
Relating to the lawsuits arising outside or brought by persons who reside outside of [InsertState]. Section 1. {Forum Non Conveniens} (A) With respect to a plaintiff who…
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Rational Use of a Product Act
Model Policy {Title, enacting clause, etc.} Section 1. {Title.} This Act shall be known and may be cited as the Rational Use of a Product Act. Section 2. {Misuse of…
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Limits on Multiple Punitive Damages Resolution
WHEREAS, multiple punitive damages claims are a major obstacle to comprehensive settlement negotiations in repetitive litigation between plaintiffs and dependents; and WHEREAS, limiting multiple punitive damages awards…
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Prejudgment and Post-Judgment Interest Act
Model Policy Section 1. {Short Title} This Act may be referred to as the Prejudgment and Post-judgment Award Act. Section 2. {Interest on Contracts} (A) Interest on an award of damages…
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Landowners’ Liability Act
Model Legislation Section 1. {Title} This Act shall be known and may be cited as the Landowners Liability Act. Section 2. {Definitions} In this Act, the following words have the…