Archives: Judiciary / Model Policies
Archives: Judiciary / Model Policies (page 4)
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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 Establishing Efficient and Fair Criminal Law Discovery Practices
Resolution: WHEREAS, the American Legislative Exchange Council (ALEC) is committed to developing effective and fair criminal justice policies that create safe communities for citizens as well as strong state budgets;…
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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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Resolution in Support of Establishing a Minimum Age of Delinquency Adjudication of At Least 10-Years-Old
Summary: This Resolution encourages states to establish a minimum age of delinquency adjudication of at least 10-years-old provided that there is a civil mechanism for providing mandatory services, including residential…
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Jailhouse Informant Regulations
Summary: This model provides for greater transparency and disclosure during critical stages of litigation concerning the use of jailhouse informants or incarcerated witnesses. This includes requiring the state to…
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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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RESOLUTION ON “DRUG-FREE ZONES”
Summary: This resolution supports reforming “Drug-Free Zone” laws. Many Drug-Free Zone laws establish mandatory sentences and enhanced penalties for drug crimes committed within certain areas designated by statute. These areas…
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RESOLUTION IN SUPPORT OF REENTRY PROGRAMS
Summary: This Resolution serves to raise awareness of the need for sound reentry policies. Roughly 96% of all incarcerated individuals will be released from prison and smart reentry policies will…