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Tort Reform & Business Law, 1998.
Examines the current climate for tort reform in the court system. Discusses possible implications for businesses & business law.
1,350 words (approx. 5.4 pages), 8 sources, $ 47.95
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From the Paper
"Tort Reform and Business Law
Current Events
Tort reform has not resulted in much change within the American system of law. A primary problem is that as appeals to lower court decisions about the serviceability of tort reform legislation have made their way to courts of appeal, all or part of tort reform legislation is being struck down. This is mainly because courts wish to preserve "the right to a jury trial for common-law torts without limitation" (Finzen, Haley, & Shaw, 1998). The article appearing in the February 16, 1998 issue of The National Law Journal, entitled "Illinois high court latest to nix reform law," goes a long way towards framing the difficulties inherent in tort law. It seems that while allowing juries the freedom to find for huge damages may seem ludicrous.."
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Tort Reform, 2002.
Explores President George W. Bush's tort reform attempts in the White House.
1,086 words (approx. 4.3 pages), 7 sources, APA, $ 37.95
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Abstract
President Bush came into the White House with a history as a ?tort reformer.? True to his record, the President backed a ?tort reform? bill that was passed by the House of Representatives but floundered in a Democratic controlled Senate. The President has recently renewed his call for the legislature to approve a tort reform bill that relates mainly to medical malpractice. It remains to be seen whether President Bush is successful in getting his proposals approved this time around as debate still rages among the supporters and opponents of the reform bill. This paper looks at the pros and cons of the issue. The paper includes a summary of the proposed public policy on tort reform, an examination of the impact of the policy (who shall be affected?), as well as the lobbying efforts in favor of and against the tort reforms.
From the Paper
"As for the lowering of health costs and insurance premiums, it is a contentious issue with both the opponents and supporters of the tort reforms holding widely divergent views. While the government contends that such reforms would reduce Federal government costs by at least $28 billion per year and cut health care costs for all Americans by $60 billion or more, the opponents argue that since medical malpractice premiums comprise only 0.59 % of national health care costs such tort reforms would have a very limited effect on health care costs. They also argue that ?insurance reforms? rather than ?tort reforms? are needed for lowering insurance premiums and quote the example of California where after implementation of medical malpractice reform, malpractice premiums increased 190 %. (?Tort Reform is not a Solution..?)"
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Medical Malpractice and Tort Reform.
This paper argues that tort reform would have precisely zero effect on the health insurance costs of Americans and would have very serious harmful effects on the lives of Americans who find it necessary to seek relief through a malpractice lawsuit.
1,935 words (approx. 7.7 pages), 6 sources, MLA, $ 61.95
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Abstract
This paper explains that tort reform, putting a cap on jury awards in malpractice suits, is exactly what the insurers want because, in addition to making a handsome profit on their medical malpractice lines as it stands, they would then have to pay out even less. The author points out that reducing consumer health insurance costs would be better served by a systematic effort to weed out bad doctors and prevent malpractice. The paper stresses that, even if there were a link between medical malpractice insurance costs and consumer health insurance costs, the culprit is the insurer itself because it is not allowed, by law, to raise rates in response to big payouts; insurers are allowed to raise rates when their projected investment income declines.
From the Paper
"The suggestive portion of the NAIC findings is this: although malpractice insurance premiums make up such a small portion of health-care costs, medical malpractice as a line of insurance demonstrated the highest profit as a percentage of premiums (Stewart, 21+), making it very lucrative for the insurance companies. Further, losses paid by those insurers in 1991 came to only about 31 cents of every $100 of health care costs; remember, malpractice premiums accounted for 64 cents per $100 spent, leaving 33 cents for the company out of each $100. While the amount spent on malpractice insurance by the consumer, trough his or her medical expenditures, is negligible, there are a lot of people spending $100 frequently, massing up piles of 33 cents for the insurers."
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The Tort Reform Movement, 2005.
This paper discusses the efforts to change in the America's lawsuit industry, which is a saturated with lawsuits.
3,185 words (approx. 12.7 pages), 10 sources, MLA, $ 92.95
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Abstract
This paper explains that the basic idea of the Tort Reform movement is to modify the lawsuit industry by convincing lawmakers to change laws such as 'joint and several liability', which unfairly forces those defendants who are not fully liable to pay all the punitive damages. The author points out that the insurance industry is preventing the consumer from gaining access to justice by tort reforms. The paper concludes that tort reforms is an ongoing process in America, and it will continue for a long time.
From the Paper
"The truth is that New Yorkers and the New York economy are both being severely affected by the phenomenon of excessive and sometimes even silly litigation, and this must be stopped as soon as possible. The immediate need is for a civil justice system that would put a stop to this very real fact. When the U.S .Chamber of Commerce headed by Chamber President Thomas Donohue stepped in with an agenda for the start of these reforms, it was the first time that this had ever happened in its 92-year-old history, and this very fact demonstrates the very real need for the reforms to begin immediately. It was in the month of August 2004, just before the start of the GOP convention that this proposal was brought up, and the proposal stated that the chamber of Commerce would actually be ready to put in the huge amount of $10 million into advertisements that would support the restriction of lawsuits, and these advertisements would be endorsed by none other than George W Bush, and opposed by John Kerry."
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Modern Tort Law, 2006.
An in-depth look at whether there is a need to reform tort law in the U.S. and whether such an undertaking is feasible or necessary.
4,194 words (approx. 16.8 pages), 11 sources, MLA, $ 111.95
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Abstract
In an attempt to determine whether a need exists in the U.S. to reform tort law, this paper first takes a brief look at the history of U.S. tort law and how it has evolved and changed over time. The paper then explains what the purpose of tort law is and looks at whether tort law has a practical application in today's society. The paper points out that there is very little reference to personal responsibility in tort law and suggests that, were the courts and the law to make personal responsibility a greater part of the legal proceedings concerning injured parties, there would, in fact, be no need for tort law.
From the Paper
"Over the past several years, the body of laws governing compensation for personal injury and property damage have been substantially reconsidered as flawed and outdated. In the course of what many have advocated in the name of "tort reform," more than half of the U.S. states have revised, or attempted to revise, one or more aspects of tort liability and/or damage principles to a greater or lesser degree. Tort law is, of course, constantly evolving; every day in courts across the country, judges ? and indirectly, attorneys and jurors ? are making and (re)shaping the law. Despite efforts for reform, one still cannot overlook the nature of modern torts and fail to see shades of American common law, as they were also a part of the preceding English common law."
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Tort Law as Compensation for Environmental Damage, 2007.
An analysis of the effectiveness of tort law with regard to providing compensation and preventing environmental damage.
2,881 words (approx. 11.5 pages), 34 sources, APA, $ 85.95
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Abstract
This paper discusses the effectiveness of tort law in providing compensation for environmental damage. It also looks at the ability of tort law to prevent environmental damage from occurring. The paper describes some of the obstacles suffered by tort law in fulfilling a central role in environmental protection, such as cost, evidence and standing and then looks at the limits to the limitations that exist in terms of tort law and environmental damage.
Table of Contents:
Developing, and Restricting an 'Environmental Tort': Issues of Locality and Use
Establishing the Causative Link and Proving Foreseeability
Further Obstacles: Evidence, Cost and Standing
Limiting the Limitations
The European Influence - Lowering the Hurdles?
Assessing the Use of Common Law Actions in Tort
From the Paper
"Today there is a propensity to think of environmental protection as attained by the volume of specific legislation, but this does not mean that the role of the common law in environmental protection has become obsolete. Although perhaps a somewhat tenuous link, it has been argued that actions in tort are able to prevent environmental harm by deterring others from engaging in the same behaviour due to a fear of having to pay damages. However, Barbara Young, the chief executive of the Environment Agency, challenges such a rationalisation, arguing "the scale of penalties levied by the courts makes pollution and prosecution an acceptable risk and an acceptable business expense" . Naturally, the extent to which the extent to this will vary according to the polluting offender involved, however it would seem unlikely that the prospect of paying damages would have the same influence as the fear of facing an environmental regulator is set standards are breached."
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Contract and Tort Law, 2005.
A discussion regarding the legalities involved in Contract Law and Tort Law.
900 words (approx. 3.6 pages), 2 sources, $ 35.95
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Abstract
This paper discusses the differences between tort law and contract law, and how they impact on the individual and/or organization. According to this paper, taking legal action based on tort law and contract law, is not simple. One has to taken the issues involved into very careful consideration. This paper reviews the issues and the necessary steps to be taken.
From the Paper
"Tort law and contract law specifically impact individuals or organizations that believe that they have encountered others who have negatively impacted them in an intentional manner. Yet, the determination of finding legal recourse through tort law or contract law requires specific attention to the actions that have occurred, as well as whether or not those actions may encompass both areas of law in relation to the individual. Contract law is, by definition, an agreement between two parties in which both are willing to enter into a binding mutual exchange where both entities benefit. The contract states what the parties are willing to exchange and generally provides all of the stipulations of that agreement in documented or verbal form (Rowley). The documentation or verbal agreement allows the parties to have proof of their intentions, and should those intentions not be met either party has a legal recourse through lawsuit as necessary."
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Tort Law, 2005.
A discussion on tort law and its applications.
1,350 words (approx. 5.4 pages), 2 sources, $ 53.95
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Abstract
This paper discusses the concept and definition of tort law. The paper discusses intentional, negligent, strict liability, and product liability in relation to tort law. The paper discusses the purpose of tort law and how judgements are made in regards to these types of laws within the judicial system.
From the Paper
"Running Head: Tort Law Tort Case Comparison Criminology: Tort Case Comparison Introduction In tort law, proving cause and effect is the key ingredient to winning a case. The plaintiff is responsible for proving that the defendant caused the damage, the extent of damages incurred, and the degree of liability. Some legal experts argue that tort cases are the most challenging to prove in legal proceedings. Tort law was created in an effort to protect the security, property, reputation, and financial resources of a person(s). Tort law attempts to restore the injured party to the position in which they were in prior to the tort was committed ("Tort Law", 1996, n.p.)."
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Tort Law: Assault and Battery, 2006.
A look at a legal case which falls under the category of tort law.
675 words (approx. 2.7 pages), 0 sources, $ 26.95
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Abstract
This paper provides a definition of tort law and then takes a look at a particular legal case which falls under the area of tort law. The paper describes the case and provides reasons why it should be approached under the area of tort law.
From the Paper
"As tort law is the practice of law that addresses civil wrongs, wrongs in which a person's bodily security, property, material or economic resources, and well-being of personal reputation, it would seem that this is the area that should address the case being presented. In this case, the Plaintiff, Mr. Caudle, was taking part in festivities during a workplace party. Much tomfoolery and rambunctious behavior abounded, including the foolish tossing about of an electrical device which was known to give electrical shocks to those with whom it came in contact. When Mr. Betts, president of the workplace and Defendant, put said device in contact with Mr. Caudle, the Plaintiff received an injury which has caused many medical maladies, which not only required surgical treatment, but have not yet abated completely. This court will rule on the case based on tort law, looking at how it might fit..."
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Harr's "A Civil Action" Industrial Tort Law, 2001.
The real threat to big businesses of tort law and punitive damages.
1,410 words (approx. 5.6 pages), 2 sources, $ 46.95
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Abstract
This paper uses the case discussed in Jonathon Harr's book "A Civil Action" to explain the system of Anglo/American tort law--the workings and limitations of the system and the intended goals as opposed to real life actualities. It follows case facts and describes the outcome, while explaining all the ensuing legal factors. Also included is an account of the historical divergence of civil obligations and tort law.
From the paper:
"Harr?s book relates the story of a type of case that is all too sadly familiar: A large corporation (in this case actually two large corporations) contaminate the environment because it is cheaper dump solvents than to dispose of them legally. The reason that corporations are supposed to be restrained from such cheap but illegal dumping is the threat of either criminal charges being made or of civil litigation. In other words, corporations are supposed to behave themselves because if they don?t then they will get sued. But the important catch to this argument, as this book shows, is that corporations do not in fact have a great deal to fear from civil litigation. All too often, the person who wins civil litigation is the person (or corporation) who can continue to pay for a lawyer longer than the other side. The results of civil litigation have less to do with right and wrong than with whose pockets were the deepest to begin with."
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Business Legal and Regulatory Reforms, 2005.
This paper discuses that significant and measurable reforms of the business regulatory need to be made to restore industry competitiveness and to maintain an invigorated economy.
2,740 words (approx. 11.0 pages), 6 sources, MLA, $ 81.95
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Abstract
This paper explains that the regulatory environment has become overgrown with over fifty-five federal regulatory agencies, which develop, implement and enforce a myriad of regulations and issue over 2,000 new rules issued every year, resulting in many unnecessary or poorly designed regulations, which are needlessly inefficient and expensive. The author points out that the U.S. spends more than any other industrialized nation on environmental regulations, which cost close to five percent of the nation's economic output and hampers the nation's competitiveness in the world economy. The paper relates the difficulty in resolving existing disagreements over the need for regulatory reform because (1) the contending parties often disagree about the need for a regulation and (2) in many cases, the data necessary for effective risk assessment, cost-benefit and cost-effectiveness analyses, which are necessary for effective rule-making, often are ambivalent and incomplete, depending largely on assumptions and other subjective factors.
Table of Contents
Legal and Regulatory Reform: Objective and Findings From A Business Perspective
Introduction To Regulatory Environment
Economic Impact of Regulatory Expenses
Economic Impact of Tort Abuse
Regulatory Impact on the Consumer
Debunking The Myth of Big Brother and Big Business
Business Agenda on Regulatory Reform
Conclusion
From the Paper
"Over the years, a number of comprehensive regulatory reform bills have been introduced in Congress addressing the principles of risk assessment and cost-benefit analysis. The Thompson-Levin bill, for example, is a bipartisan, bare-bones measure that has three principal provisions: It
First, the bill would require agencies to perform cost-benefit analyses and, if warranted accordingly, conduct risk assessments. Unlike the Republican bills from 1995, the cost-benefit analysis would simply provide information to the public and would not serve as a mandatory decisional criterion. Second, the bill would require each agency that has issued a major rule in the last 10 years to establish an advisory committee that would provide non-binding advice to the agency head about rules that should be considered for revision. The agency would not be under obligation to revise any rules that are studied by them. Section 624 of this bill would require each agency to perform a risk assessment at both the proposal and final rule stages, using only "reliable and reasonably available scientific information" in these assessments."
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Penal Law Reforms, 2004.
A proposal of penal law reforms for the sovereign state of Purgatorio.
3,868 words (approx. 15.5 pages), 15 sources, MLA, $ 105.95
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Abstract
This paper presents a discussion and research on the criminalization of offenses, legal theory, philosophy and harms to society. The paper contends that harms to an individual or society, often fail to provide a clear path for legislatures to follow in regards to constructing legal statutes for criminalization. The intention of the paper is to serve as a blue print for the legislature when designing a legal argument for or against criminalization of a harm. This explanatory legal work seeks to consider the main aspect of each harm and their perceived impact.
Outline
Philosophy of Punishment
Statutory Provisions
Statutory Provisions: Potentially Criminalized Harms
Standards of Justification: Self Defense
Sentencing Formula and Regulations
Final Commentary
From the Paper
"The philosophy of punishment for the state of Purgatorio would rely heavily on the careful balance between justice and incapacitation. Education of this state's citizens regarding crime causation would be paramount. Purgatorio rejects the rehabilitation approach to crime and accepts the idea that we cannot ever fully prevent crime, and that most criminals will continue to re-offend even after they are released from custody."
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English Law: Tort Negligence, 2005.
Examines the tort negligence case of Malcolm within the framework of English law.
900 words (approx. 3.6 pages), 3 sources, $ 35.95
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Abstract
This paper is a brief review of a tort case in which a young child was injured as the result of an improperly fastened load. The paper suggests that the individual who advised the proprietor on the matter was more culpable than the actual owner of the rig - and that driver, by virtue of his actions, was also culpable for the child's injuries. The paper suggests, ultimately, that restitution for the emotional duress of some of the witnesses will be inevitable.
From the Paper
"There can be little doubt that tort negligence is a significant and complex part of the legal canon. This paper will examine tort law as it relates to the particular case of Malcolm v. Neil. More specifically, this paper will examine the culpability of Malcolm (and of Neil) and attempt to determine the extent to which both parties are responsible to Peter and to Oliver and Rachel - and the extent to which Neil is responsible to Malcolm. In the final analysis, it appears that the laws governing tort negligence allow Neil very little defense for his actions. To begin with, there is t he matter of "fore-seeability". The modern conception of foreseeability dates back to 1932 when Lord Atkin, offering his opinion in the case of Donoghue v. Stevenson held that individuals "must take reasonable care to avoid acts or omissions.""
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Tort Law and Hockey Violence, 2005.
A review of violence and aggression in professional sport, focusing mainly on hockey.
1,125 words (approx. 4.5 pages), 2 sources, $ 44.95
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Abstract
This paper takes a look at the amount of violence in professional hockey, focusing primarily on the case of Todd Bertuzzi and Steve Moore. This paper goes on to discuss the debate such violence has caused within the world of sport.
From the Paper
"The Todd Bertuzzi-Steve Moore incident in the National Hockey League's 2003-2004 season provoked widespread debate in both the sports world and among the general public about the role of violence in professional hockey. In this incident Bertuzzi, in retaliation for an aggressive hit by Moore on one of Bertuzzi's teammates, attacked Moore and accidentally broke his neck. While there was no paralysis, Bertuzzi was indefinitely suspended and Moore was said to be considering lawsuits against Bertuzzi, Bertuzzi's team, and the NHL in general."
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