| Papers [1-15] of 58 :: [Page 1 of 4] | | Go to page : 1 2 3 4 —> | Search results on "TORT REFORM": |
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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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Tobacco Industry Reform, 1999.
Examines product liability reform at the state and federal level, bills and lawsuits, warning labels, regulation, tort reform, examples and insurance.
2,700 words (approx. 10.8 pages), 19 sources, $ 95.95
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From the Paper
"EXECUTIVE SUMMARY
PRODUCT LIABILITY REFORM AND THE TOBACCO INDUSTRY
Product liability cases provide compensation for injuries incurred from the use of an unreasonably dangerous product. Recently, tobacco products have become a focus for product liability lawsuits. These cases brought against tobacco manufacturers allege both that the product is defective since it is unreasonably dangerous for its intended purpose and that the industry intentionally concealed the dangers from the public.
Congress has an extensive history of attempting to regulate and restrict the sale, marketing and distribution of tobacco products. State legislatures have also enacted laws attempting to tax and control the use of such products.
Outside of the legislative arena, individuals and state ..."
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The Litigation Machine, 2002.
A brief analysis of the article "The Litigation Machine" by Mike France about tort reform.
924 words (approx. 3.7 pages), 1 source, MLA, $ 32.95
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Abstract
This paper shows how by exposing some of the lesser known facts regarding tort reform, the article points out how the American legal system continues to sink into the quagmire of tort law and how reform is necessary before the situation gets completely out of hand. It explains that France begins the article with perhaps the most popular litigation cases and reveals tactics used in that case and many others that claim that tort law is completely driven by money and is in need of reform to save the economy.
From the Paper
"For starters, the article points out that a litigation packet is available for purchase in regards to any cases regarding Firestone and their infamous tread separation; that fact is enough to prove that the world of litigation has moved in a new direction. But it doesn?t stop there?the article revealed that such litigation packets are available for other companies such as Warner-Lambert Co. and Rezulin, which indicates the world of tort lawyers is a growing industry, one that may be spinning out of control at a t rapid pace."
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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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Torts, 2002.
A comparison of aerial and maritime torts.
2,600 words (approx. 10.4 pages), 25 sources, MLA, $ 78.95
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Abstract
This paper looks at how maritime torts and aerial torts play a slightly different role in the choice of law rules, when compared to other types of torts committed. This is mainly due to the nature of the tort and the extent of how far international law has slowly developed in relation to such issues as to maritime and aerial torts.
From the Paper
"The fundamental question that the forum court must determine is when the elements of a tort cross jurisdictional boundaries, whether or not the tort has occurred within its jurisdiction. In essence the first requirement for any court, invited to exercise jurisdiction and power over parties, is to establish (at least where there is a contest or doubt) that according to its own law it has jurisdiction and power over the matter before it. If not, it must decide what law or laws to apply in determining liability."
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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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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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Legal Issues: Torts, 2005.
This paper examines Tort law in the United Kingdom, as pertaining to a landowner and three types of individuals.
675 words (approx. 2.7 pages), 3 sources, $ 26.95
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Abstract
The paper discusses the torts of nuisance and negligence in terms of the legal responsibilities of a landowner towards three types of individuals. The paper looks at three types of individuals; neighbors, invitees and trespassers. The paper covers the tort of nuisance as well as the tort of negligence. The paper examines the Duty of care of a landlord and the legal rights of the three parties.
From the Paper
"This paper will examine legal issues arising from this fact situation that was assigned for this case study. There are three possible plaintiffs that emerge from the facts of this case. These situations are as follows: 1. John the neighbor who lives in a dwelling house next door to Ian who runs a business and uses a generator which is situated near John's property. 2. Ken the legitimate visitor to Ian's property who was injured while visiting Ian's property 3. Lionel who was trespassing on Ian's property without his knowledge or consent. Legal Issues Concerning the neighbor: John: Does John have a possible tort of Nuisance against Ian? The Law regarding the Tort of Nuisance: The court will look at the legal rights of the plaintiff and the defendant. A balancing test is usually adopted and the standard used is one of reasonableness."
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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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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 Liability, 2005.
Examines tort liability in six different cases involving a fictitious company.
1,350 words (approx. 5.4 pages), 6 sources, $ 53.95
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Abstract
This paper examines tort liability in six different cases involving XYZ Limited. Among other things, the paper explores the appropriateness of the initial XYZ response to various issues and it also explores the legal underpinnings upon which will be based future actions. Ultimately, it may be said that the paper explores the complexity of tort law as it exists in the United Kingdom.
From the Paper
"Tort liability in English law is an extremely complicated matter. Because of this, the following paper will examine six cases involving tort law and attempt to determine the statues and or legal authorities that might guide a business decision in various situations where tort liability has been alleged. As will become apparent, organizations owe it to themselves to prepare as much as possible for possible suits as they are an inescapable part of doing business. In the first three cases to which we turn, both sides of the matter must be explored. From Bill's perspective, he was misled as to the vacation cottage he would occupy and he feels strongly that he should be recompensed for his inconvenience; in light of the inaccurate - possibly fraudulent - misrepresentation given to him by the now-insolvent travel company, his anger is perfectly understandable."
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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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Internet Tort Summary Judgment Motions, 2005.
This paper discusses the disposition of summary judgment motion in Internet tort case.
2,260 words (approx. 9.0 pages), 6 sources, $ 79.95
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Abstract
In this article, the writer looks at the draft disposition of the Internet tort case. The writer discusses that the draft should be revised because it misstates the tort law involved. Further, the writer believes that the draft employs improper standard for reviewing summary judgment motions
From the Paper
"This essay analyzes the correctness in terms of its conclusions and reasoning of the draft disposition by the state court trial judge of motions for summary judgment filed by plaintiffs and defendants in the subject case. The draft disposition should be substantially revised and many of its conclusions altered especially those relating to the granting of defendant Phishy Corp's motions, because it is based on faulty readings of the applicable state tort law and employs reasoning which would ... "
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