In recent years,there has been an increasing awareness of the inadequacies of the judical system in the United States.Costs are straggering both for the taxpayers and the itigants and the litigants,or parties have to wait sometimes many years befre having their day in court.Many suggestions have been made concerning methods of ameliorating 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 judges meet in his chambers with the the litigants and their attorneys in order to narrow the issues,limit the witness,and provide for a more orderly trial.The theory behind pretial 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 show that pretrial conferences 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 thee 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 the litigants need to make only a one-sentence statement of their claim.By going to this type of courts,the plaintiff waives any right to a jury triaal and the right to appeal the decision.
In ciming years, we can expect to see more and more innovations in the continuing effort to remedy a situation which must be remedied if the citizens who have valid claims are going to have their day in court.
1.The pretrial conference,in theory,is supposed to do all of the following except
a.narrow the issues
b.Cause early settlements
c.save judicial time
d.increase settlement costs
pembahasan:In sentences 2 and 3 of paragraph 2,all of the other choices are given as purpose of the pretrial conference.
2.The word"ameliorating"in line 6 is closest in meaning to......
a.improving
b.increasing
c.worsening
d.distinguishing
pembahasan:The passage starts out indicating that there are problems in the court system.The sentence containing the word"ameliorating"hould lead you to understand that it means becoming"better"or"improving."
3.In line 12,the word"backlog"is closest in meaning to.......
a.laziness
b.inefficiency
c.overload
d.dearth
pembahasan:The sentence states that one suggestion is to allow districts with too many cases to borrow judges from those that do not havr a"backlog."whicch should lead you to understand that "backlog"means too many cases,or an"overload."
4.What is the main topic of the passage?
a.All states should follow California's example is using small-claims courts in order to free judges for other work
b.The legislature needs to formulate fewer laws so that the judiciary can catch up on its older cases.
c.Nobody seems to care enough to attempt to find methods for making the judicial system more efficient.
d.While there are many problems with the court system,there are viable suggestions for improvement
pembahasan:The word"viable"means"workable"or"practical."Although the pretrial conference,according to the reading,has not been as beneficial as had been hoped,the small-claims court is given as a viable suggestion for improvement.Also,the last paragraph suggests that more innovations will be proposed in a continuing effort to find remedies.Nowhere in the passage is it suggested that all states should follow California's example(A),that the legislature should formulate fewer laws(B),or that no one cares(C).In fact,the entire reading concerns suggested remedies of those who are concerned.
5.In line 3,"litigants"is closest in meaning to
a.Jury members
b.Commentators
c.Parties in a lawsuit
d.Taxpayers
pembahasan:Paragraph 1,sentence 2,says,"......and the litigants,or parties,have to wait......"This indicates that"litigants"is another way of saying"parties in a lawssuit"in this context.
6.Which of the following is true about small-claims courts?
a.It is possible to have one's case heard by a jury if one is disssatisfied with the court's decision.
b.The litigants must plead accurately and according to a strict form
c.The decision may not be appealed to a higher court.
d.The parties may not present their cases without an attorney's help
pembahasan:The last sentence of paragraph 3 indicates that a litigant waives(gives up)his or her right to a jury trial and the right to appeal.
7.The word"staggering"in line 3 is nearest in meaning to
a.Up and down
b.Decreasing
c.Charged
d.Astounding
pembahasan:The reading passage indicates that one of the problem is costs,which should lead you to understand that"staggering"means "very high,""shocking,"or"astounding."
8.The word"dispatch"in line 26 means most nearly the same as
a.transmittal
b.haste
c.clarity
d.conflict
pembahasan:This sentence indicates that small-claims courts can be beneficial,which should lead you to understand that"dispatch"means speed,or"haste."
9.It is implied in the passage that.........
a.most people who feel they have been wronged have a ready remedy in courts of law
b.many people would like to bring a case to court bu are unable to because of the cost and time required
c.the judicial system in the United States is highly acclaimed for its efficiency
d.someday pretrial conferences likely will replace trialls completely
pembahasan:The second sentence of paragraph 1 says that"cost are staggering"(overwhelming)and litigants"have to wait sometimes many years."Also,the last sentence of the reading says that the problems"must be their day in the citizens who have valid claims are going to be able to have their day in court."
10.The word"remedy"in line 35 is closest in meaning to........
a.correct
b.review
c.expose
d.discover
pembahasan:You can gather from the entire passage that the"situation"needs to be"fixed"or"improve."To"correct"the situation is closest i meaning to"remedy."
11.The passage indicates that pretrial conferences may not actually produce positive results in lines....
a.3-5
b.16-19
c.20-23
d.29-31
pembahasan:Lines 12-23 discuss pretrial conferences.The sentence beginning"The theory behind pretrial conferences....."show the apparent benefits of the pretrial conference,and the sentence beginning with"Unfortunately"is the sentence indicating that pretrial conferences my not work.
reference:cliffs
toefl preparation guide
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