Litigation Explosion or Epidemic of Injuries
In the articles written by Richard L. Abel and Peter W. Huber both have valid arguments with extremely different viewpoints on the litigation process. Peter W. Huber feels there is too much litigation in our country to where it cripples our society to become more successful. Huber feels there is less encouragement for citizens to take matters in their own hands and take responsibility for their actions. With a rather different perspective Richard L. Abel feels we have too little litigation rather than too much, he believes that manufacturers' products and services cause this and more litigation is actually needed. Abel feels that all injuries that happen to individuals should never go uncompensated. Whether you agree with Abel's theory or Huber's theory on the litigation process today, each makes perfect sense and also has statistics and scenarios to support their theory.
In Peter W. Huber?s article he starts by pointing out that taxes cost the country about eighty billion dollars a year which equals the profit the top 200 corporations in America make altogether. The type of tax in which he talks about is called tort liability meaning it is collected and disbursed through litigation. Once that process is complete it is the decision of the court to decide what amount will be paid and the time period. Huber also talked about the change from consent to coercion in which most accidents that occurred use to be handled by a contract between two individuals, he goes on to state that today that no longer seems to be the way things are handled. Today Huber feels that all the details are handled after litigation which provides the conclusion of the shift from consent to coercion ...
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...t. Last, both of their views feel that taxes effect the litigation to some point as well. Huber tends to have a stronger view against taxes on the process, however Abel mentions taxes on his views of the litigation process too.
In having to agree with either Huber or Abel?s views on litigation I must side with how Huber?s views on the process. I agree that citizens litigate too much on issues which simply to not need to be addressed. There are a great number of cases which are ludicrous and simply can be solved with common sense and are in no need of a judge or juries decision. If some would just act dignified instead of trying to get an easy buck our court system and country would be more successful and a less aggravating process.
Works Cited
Alvey, Richard L. The Social Organization of Law. Los Angeles: Roxbury Company,
2004. 115.
Damages are a fundamental principle in the American legal system. However, a number of recent cases in the United States have sparked a debate on the issue, the most famous one being the “hot coffee lawsuit”1. In 1994, Stella Liebeck bought coffee at a McDonald’s restaurant, spilt it, and was severely burnt. She sued the McDonald’s company, received $160,000 in compensatory damages, and $2.9 million in punitive damages. A judge then reduced the punitive damages to $480,000. The final out-of-court settlement was of approximately $500,000. For many, this case is frivolous (meaning that the plaintiff’s prospects of being successful were low or inexistent), but it really highlights the question of excessive punitive damages compared to the damage suffered and its causes.
In 1977, Nils Christie wrote the essay, “Conflicts as Properties”, in which he discusses the four problems that occur within the western legal system. The four problems that affect the legal system in four ways is that the courts are always located in areas that people may not have easy access to locate, the courthouses are challenging to find your way around, the parties are irrelevant to much of the proceedings and the proceedings makes conflicts between the actual parties involved turn into conflicts between the State and the parties 2.
The refinement of this definition has significant legal implications, as it broadens the scope of those who can sue within blameless accidents. Prior to this, such victims would also face being labelled with “fault”. Supporting the findings of Axiak, by establishing non-tortious conduct as separate from “fault”, similar, future cases are more likely to proceed despite the plaintiff’s contributory
... decision also brings suspiscion about whether or not if things go south is he going to take any accountability. In conclusion, this case truly represents the use of unauthorized practice of law.
Do you remember the lawsuit about the woman who ordered the McDonald’s coffee and spilled it in her lap and sued McDonald’s because it did not have a warning label on it? What about the woman who fell in the fountain at the mall while texting and wants to sue the mall? These lawsuits may seem fairly farfetched. They fall into the category called frivolous.
The laundry list of crimes Americans have suffered at the hands of their own criminal justice system is because they don’t have the right tools to fight back against those that have the ability to sway litigation.
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
In order to analyze our “sue happy” society one must first find out, what actually is a lawsuit? A lawsuit is a legal action brought by a plaintiff, a person who claims to have been wronged, against a defendant, the person being sued. If a judge decides that a case has enough evidence to go to trial then the verdict may be decided by either a judge or a jury. Yet, 90 percent of cases reach a settlement out of court. (Cannell)
... impressed in the time, cost, and emotional expense that went into such a case. Because of the reluctance for government entities to get involved, as well as the lies being told, Jan was left holding the bag. It was easy to see that Jan's ego, coupled with his big spending habit, didn't help his end result. However, I can also see the most frugal plaintiff's attorney end up in bankruptcy if he or she became just as passionate about a case.
Taxation has always been a major controversy. Just like any major corporation, the government is constantly looking to raise revenue. The easiest and fairest way to do this is by taxing the people. However, how the people will be taxed is always an issue.
Challenging the normality, Margaret Fuller rips the chains of women arguing for equal status in marriage, education, and participation in society throughout her essay “The Great Lawsuit.” During the late 1800s to early 1900s, the daily lives of women and men were undoubtedly divided. Based on gender, people were expected to execute specific tasks to ensure that the home and community functioned as smoothly as possible. Men typically worked outside of the house and participated in many city functions. Women, however, were much more limited in their movements. The majority of their expected work were done within the home– cleaning, cooking, gardening, and sewing. Women were also expected to marry and conceive, and anyone who did not, were seen
Are we Sueing for a Purpose? People today are not suing to rectify matters. There is no purpose in lawsuits today. I believe everyone is out to get an easy buck through the judicial system.
Alternative Dispute Resolution (ADR) involves dispute resolution processes and techniques that fall outside of the government judicial process. There has been moves against ADR in the past by entities of many political parties and their associates, despite this, ADR has gained inclusive acceptance among both the broad community and the legal profession in past years. In fact, many courts now entail some parties to remedy to ADR of some type, usually mediation, before allowing the parties' cases to be tried. The increasing attractiveness of ADR can be clarified by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to obtain larger control over the selection of the individual or individuals who will decide their dispute.
There is no such thing as justice - in or out of court. Clarence Darrow i
William M. Landes and Richard A. Posner. The Economic Structure of Tort Law. Harvard University Press, 1987.