Argumentative Essay: Frivolous Lawsuits

I think that the government should put a 20 percent cap on contingency fees involving automobile accidents and personal injury lawsuits, because the cases are drawn out for at least 1 year, then when the client receives their settlement the money has to go toward hospital bills, legal fees and other personal expenses.

Did you know that at present, there is only one lawyer for every 247 Americans in the Unites States? A lawyer is “a person trained in the legal profession who acts for and advises clients or pleads in court” (Webster’s Dictionary and Thesaurus). According to about careers, there are many different types of lawyers, among the top five highest paying legal professionals around the globe are trial lawyers. The first lawyers, also known as the “Gilded Lawyers” arranged the United Auto Workers (UAW) and the Congress of Industrial Organizations (CIO) in the early 1930s (“National Lawyers Guild). The actions the Gilded Lawyers made gave them useful experience for defending the rights given to us by the First Amendment and suffused the work of the business in later years. Today, trial lawyers must meet specific job requirements and qualifications such as working under stressful conditions for long periods of time, making a profitable salary, and keeping up with the ever changing future needs for the career.

As Privy Council held in the case of "Wagon Mound (No 1)" that a party can only be held liable for damage that was reasonably foreseeable, the defendant should not be responsible for losses that are ‘too remote’ from the breach. It is obviously that the university could foresee that Brad have to quit his job to finish the degree and also need to pay for the fees.

There is a need that each school, its administrators and teachers should know the law of torts. In order to create a "culture of safety" principals should manage the risk of negligence to the faculty and students. As Burgett and Schwartz state, “being a teacher, administrator, board member, school employee, parent, or even a student is tricky business these days” (p.9). Therefore, each decision or actions’ steps should be made based upon ethical and legal principles. The particular high school puts an emphasis on health and safety issues. The school, the buildings, and the classroom are certainly the most critical areas of an educational institution where safety and health take place but also behavior and attitude reflect the importance of the serious business of learning. Therefore, the following three legal issues: unsupervised students, hallways, and field trips demand some improvements, accommodations or extra care to maintain the safety and healthy environment for students and employees.

There are few things in life that could be worse than loosing you child to such a horrible disease as leukemia. One can only imagine having such a tragedy repeat itself throughout you community time after time. To compound such tragedies, imagine being poisoned yourself and having to fight some of the largest local corporations to prove the truth and get it stopped. This is the community setting for Jonathan Harr's true-to-life legal thriller A Civil Action. The book was an award winner for "Best Seller" in 1995 and was named the 1995 National Book Critics Circle Award.

Tort reform is very controversial issue. From the plaintiff’s perspective, tort reforms seems to take liability away from places such as insurance companies and hospitals which could at times leave the plaintiff without defense. From the defendant’s perspective, tort reform provides a defense from extremely large punitive damage awards. There seems to be no median between the two. Neither side will be satisfied. With the help of affiliations such as the American Tort Reform Association and Citizens Against Lawsuit Abuse, many businesses and corporations are working to change the current tort system to stop these high cash awards.

Who is at fault? How much should I get? How long do I have to cerebrate about it? These are the three sizable questions when it comes to tort reform. This is one of the sultriest legal topics bypassing the country because not only does it affect the victim, it withal effects the incriminated and the rest of the taxpayers. First, if there is no tort reform the United States will perpetuate on its lawsuit blissful path causing insurance rates and costs to perpetuate to skyrocket. On the other hand, if there is an inordinate amount of reform, victims will be left behind and their rights lost. Lastly, I would relish to do more research on what precisely needs to be transmuted to make the legislation fair for all parties involved. In Conclusion,

Dan Locallo is a very contradicting man. When he began his career as a prosecutor he was anything but polite to the defense lawyers. Locallo himself describes himself as “kind of an asshole” towards defense lawyers (Courtroom 302, 59). During his time as a prosecutor, Dan Locallo became intrigued by the opportunity to become a judge. When Steve Bogira asked Locallo why he wanted to become a judge, his reply seemed simple. Locallo claimed that he never wanted to become a judge because of a “power-trip” he does claim that “the power of attraction was a great influence” (Courtroom 302, 59). However, Locallo admits that the real reason why he wanted to become a judge was because he would have the “ability to make decisions, to do

If the cases represented by a disbarred lawyer were reviewed after they lost their license, it is possible that these wrongful convictions could be overturned more often. By making it standard practice to at least glance at each case, and to pay more attention to cases where children were tried as adults, or where a life or death sentence was delivered, many instances of malpractice could be replaced with true

     The legal system is an essential element in the successful operation of this country. It is a system that is utilized every day, by every type of person, from the average blue-collar worker to the average Wall Street broker. There is a multitude of ways that the legal system is put to use. One such way is the class action lawsuit. A Civil Action, by Jonathan Harr, uses the account of a single case, Anne Anderson, et al., v. W.R. Grace & Co., et al, to illustrate the power and importance of class action lawsuits in the civil justice system.

Many people believe that the aspect of money can determine how a case is carried out (Dershowitz 149). In any given case, the prosecution has more resources than the defense. The defense team in the Simpson case included twelve lawyers while the prosecution used nearly fifty (Dershowitz 150). In addition, the prosecution had unrestricted access to a vast amount of federal officers. They also had the judge on their side and the majority of the public supporting them. Due to his careers in professional football and acting, Simpson was a rare defendant that had enough money to legitimately compete with the prosecution (Dershowitz 151). Dershowitz claims the American legal system is never on a relatively level playing field between the prosecution and the defense, often leading to police and prosecutors to slack due to their used to winning (Dershowitz 152).

The movie, “Hot Coffee”, is a documentary film that was created by Susan Saladoff in 2011 that analyzes the impact of the tort reform on the United States judicial system. The title and the basis of the film is derived from the Liebeck v. McDonald’s restaurants lawsuit where Liebeck had burned herself after spilling hot coffee purchased from McDonald’s into her lap. The film features four different suits that may involve the tort reform. This film included many comments from politicians and celebrities about the case. There were also several myths and misconceptions on how Liebeck had spilled the coffee and how severe the burns were to her. One of the myths was that many people thought she was driving when she spilled the coffee on herself and that she suffered only minor burns, while in truth she suffered severe burns and needed surgery. This case is portrayed in the film as being used and misused to describe in conjunction with tort reform efforts. The film explained how corporations have spent millions of dollars deforming tort cases in order to promote tort reform. So in the film “Hot Coffee” it uses the case, Liebeck v. McDonalds, as an example of large corporations trying to promote the tort reform, in which has many advantages and disadvantages to the United States judicial system.

Build the management-research question hierarchy, through the investigative questions stage. Then compare your list with the measurement questions asked.

The issues are with the data within those types of equipment. Client confidential information cannot be available to anyone outside the representing legal team. Using outside equipment creates a potential for data leak.

Presented are four separate cases that have been argued and settled in a court of law. Each of these cases represent a different kind of tort, a tort is a civil wrong or wrongful act, which can be either intentional or accidental, from which injury occurs to another (Hill & Hill n.d.). The torts are as listed, intentional, criminal, negligence, and liability as presented in the four researched cases.