Tort Reform

Tort Reform
In the United States justice system, a tort is best defined as an injury or loss that was committed
deliberately or negligently by a single person or an entity (Crane). The history of tort law can be
traced back to the initial trespass of property or person, but it was not until the 18th century that the
distinction between intentional and unintentional acts was made (Columbia Electronic
Encyclopedia). In recent years, tort law has become the center of scrutiny through the increase in
tort costs, insurance liability costs, and the number of frivolous lawsuits made. This scrutiny has
lead to the creation of tort reform. Tort reform is a movement to reshape the way consumers can
access the courts by restricting their right to sue and ... Show more content on Helpwriting.net ...
They also claim that tort reform bills are giving unprecedented immunity to certain industries and
that this type of bill in unconstitutional. Another key counter–argument made by the opposition is
the denial of the existence of "litigation explosion" that the advocates have presented. They show
that from 1993, instead of seeing the increase claimed by the advocates, there has actually been a
decrease of tort filings by 5%. They also further there counter argument by showing that the
numbers of civil trials have dropped by 47% during the same time frame (ATLA). Though these
arguments are mainly presented to counter and invalidate the advocates of tort reformation, the
opponents have also presented other unique arguments in opposition of tort reform. One strong
argument that the opponents have put forth to the public is the argument that corporations and
insurance companies are the worst abusers of the litigations system and setting forth new regulations
that would protect them from "excessive litigation" would just be another benefit. These
corporations are using their vast resources to unfairly delay trials, pursue frivolous appeals, and
contest claims in which liability is clear. This reasoning supports the opposition as there have been
suggestions of tort reform where the "loser pays" (Wikipedia). If a reformation such as this one was
passed into the system, then private citizens would be afraid to sue the
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Essay on Persuasive Speech: Frivolous Lawsuits Are Out of...
Specific Purpose Statement: To persuade my audience that frivolous lawsuits are out of control in
America
Introduction:
A. Attention Getter
1. We've all heard the story about the woman who spilled scalding hot coffee on herself and then
successfully sued McDonald's. But we've also heard reports of burglars suing homeowners after
injuring themselves during a robbery. Most of us laugh off these stories as urban legends made to
show the ridiculousness of frivolous lawsuits, but you might be surprised, however by how many of
these are true.
B.
1. Let's face the facts: In America, anyone can sue anybody over anything at anytime
B. Thesis
1. In order to increase your awareness of how the lawsuit craze sweeping the nation has gotten ...
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C. Or how about the man who sued Anheuser–Busch for false and misleading advertising?
1. The advertisements for Busch pictured fantasies of beautiful women in tropical settings that came
to life for men while drinking Bud–Light.
2. When Richard Overton finally realized these fantasies were never going to come true, despite
how much beer he consumed, he sued the company not only for false advertising, but also for
emotional stress, mental injury, and financial loss of over ten thousand dollars.
3. Overton also became physically sick after drinking more and more beer, waiting for the fantasies
to come to life.
D. Heard a wrong weather prediction lately?
1. Then why haven't you sued the television station and weatherman yet?
a. A woman in Israel won a case against a local TV station and its weatherman when he predicted
that it was going to be a sunny day, but it in fact ended up raining.
b. The woman claims that she left home lightly dressed because of this weather forecast.
1. Resulting from this, she caught the flu, missed four days of work, had to spend money on
medication, and suffered from stress.
C. Austin Aiken sued NBC because of a distasteful episode of "Fear Factor" that he watched.
1. The judge threw out this case in which Aiken claimed that the episode caused him suffering,
injury, and great pain.
2. On the show the contestants were eating rats mixed in a blender, which

New Development Of Contingency Fee Agreements And Damages...
Introduction:
Indeed, the concerns surrounding legal fees are not unfounded. Those seeking legal advice tend to
be in a submissive position and yet it appears that legal professionals take advantage of this
vulnerability by charging excessive fees, for what may be – unbeknownst to the layman–a basic
case. This has led critics to question whether the legal profession has done everything in its power to
address the subject of legal costs–particularly contingency fees– and the issues which they raise,
namely that of conflict of interests and the promotion of access to justice.
Background:
This paper will focus on the relatively new development of contingency fee agreements, of which
there are two: conditional fee agreements and ... Show more content on Helpwriting.net ...
As such, a conflict arises when a lawyer is able to settle a case faster, but in doing so accepts less
money for the client than they would receive should they have gone through trial. Although this may
be looked at with dismay "law firms are businesses and survive only if they kill enough work to
eat". Thus, as the probability for a favourable outcome decreases, a lawyer may opt for a settlement
despite it not necessarily being in the best interests of the client. The chances of a lawyer agreeing to
a settlement offer early on may increase depending on how many similar cases the attorney is
handling. Since their hourly rate may decrease, they trial as not being financially worthwhile.
Hours on Case
Settlement/Judgement
Lawyer's Fee
Hourly Rate
100
£90,000
£30,000
£300
1000
£180,000
£60,000
£60
Figure 1: Example
In these situations, the lawyer should use his skills to benefit the client, yet, he uses his positon of
power and exploits the client's vulnerability. Although ethically reprehensible, such dishonest
practices are difficult to detect since the bargaining parties are seldom equipped with the necessary

knowledge to make an informed judgement concerning the case. It is this, which makes legal fees a
difficult subject to approach – "how [are] lawyers to make a living [while] stay[ing] fairly honest?".
Still, it must be noted that this conflict is not limited to contingency fees. Nevertheless, it is argued
that with contingency fees, by investing a

Case Study Of The Securities And Exchange Commission
Case Study Examination and Ethical Questions The Securities and Exchange Commission (SEC)
imposes regulations on individuals and companies to ensure compliance with federal laws. Among
the laws imposed by the SEC is the Foreign Corrupt Practices Act (FCPA), which prohibits bribes to
foreign officials for the purpose of gaining or retaining business (SEC, 2016). While Con–Way, Inc.
did not directly violate this act, it failed to ensure its subsidiary complied. Furthermore, it failed to
implement internal controls over said subsidiary which prevented the detection of the FCPA
violations. Case Study: Con–Way Inc. Con–Way, Inc. is an international freight forwarding
organization incorporated in Delaware, and headquartered in San Mateo, California. Among its
subsidiaries from 1989 through 2004 were Menlo Forwarding and Emery Transnational. While
Menlo Forwarding was headquartered in Redwood City, California, Emery Transnational was a
Philippines based subsidiary (Mintz & Morris, 2014). The violations of the FCPA by Con–way, Inc.
occurred within Emery. Con–Way's failure to implement proper internal accounting controls
resulted in the violations going undiscovered until 2003 when steps were finally taken to improve
internal reporting requirements. As the FCPA distinguishes between facilitating payments and the
more serious issues such as bribery, any subsequent penalties for violating the act make perfect
sense from an ethics standpoint. Bribery in and of itself is an

Case Study Of Gap Inc.
Gap Inc., a leading global specialty apparel retailer, continued to lose market share and revenues as
customer loyalty declined across the company's five brands. Struggling to deliver a consistent
product and customer experience, Gap Inc. was challenged to redefine its strategy once again.
Going forward, the company is focused on driving long–term growth by expanding its customer
base.
To be successful, Gap's senior management believed that providing leadership and general
management with the capabilities needed to grow the business and execute the bold new strategy
was critical. Gap Inc. partnered with BTS to develop a learning and execution journey designed to
align executives to the company strategy and build a stronger understanding of ... Show more
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(NYSE: GPS) today announced a series of strategic actions to position Gap brand for improved
business performance and build for the future. Following a thorough evaluation of its business and
operations, Gap plans to right–size its specialty store fleet and streamline its headquarter workforce,
primarily in North America, as part of the comprehensive effort to deliver more consistent and
compelling product collections and engage customers across all channels.
In order to drive productivity improvements and showcase the brand in the most successful
locations, Gap will close about 175 specialty stores in North America over the next few years, with
about 140 closures occurring this fiscal year. These changes will not impact Gap Outlet and Gap
Factory Stores. In parallel with these moves, the brand will close a limited number of European
stores during this period.
Following the fleet optimization effort, the brand will continue to serve North American customers
through about 800 Gap stores – comprised of 500 Gap specialty locations and 300 Gap outlet stores
– as well as its dynamic online channels, better reflecting the way today's customers shop across
specialty, outlet and online. The brand will continue to have a robust global presence in more than
50 countries and with about 1,600 company–operated and franchise locations

Tort Reform In Hot Coffee
Tort reform is a push by special interest to limit tort litigation in the U.S. The documentary Hot
Coffee, walks us through 4 case studies on the methods used by the Tort reform lobby. Composed of
businesses, manufacturers, hospitals, insurance companies and other businesses. Using their money
to affect changes to the 7th Amendment statutes:
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial
by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of
the United States, than according to the rules of the common law.
The purpose of tort law is to provide compensation to victims when they have experienced harm or
loss. Making the person "whole" and ... Show more content on Helpwriting.net ...
By the use of Mandatory/binding Arbitration clauses. In Jones v Halliburton, 19 year old Jaime
Leigh signs a contract with Halliburton in Houston Texas, on of the states deeply entrenched in tort
reform with the help of then Gov. George W. Bush. Rove, who helped Bush get elected for governor
uses his corporate backers to finance the Bush campaign, in return they gained a governor and
eventually president who was a mouth piece for their cause. Jaime wound up being stationed in Iraq,
and within 4 days of her arrival she was raped, disfigured and further abused by having evidence

America 's Civil Justice Reform
Introduction On February 27, 1992, Stella Liebeck, aged 79 at the time, bought a coffee from the
drive–thru of a McDonald's in Albuquerque, New Mexico. She spilled the coffee on herself and
received third–degree (full thickness) burns. She sued McDonald's and was originally awarded
almost $3 million in damages. This case is a perfect example of frivolous litigation and is one of the
reasons some Americans think there needs to be civil justice reform.
Facts
Liebeck was riding as a passenger in her grandson's car. After receiving her order, he pulled up and
stopped so Liebeck could put cream and sugar in her coffee. She placed the Styrofoam coffee
between her knees because there was no cup–holder and tried to remove the lid. However, the coffee
spilled onto her and she received third–degree burns on her buttocks, genital, groin, and inner
thighs. She was hospitalized for eight days and had skin grafts and debridement treatments. Liebeck
was also disabled for two years after the accident and permanently scarred. Her daughter took off of
work to help take Stella to and from the hospital. She also lost around twenty percent of her
bodyweight following the incident. Before going to trial, Liebeck offered to settle for $20, 000,
which would cover just her hospital stay and other medical expenses. McDonald's counteroffered
with an amount of $800. Ms. Liebeck then hired an attorney, Reed Morgan, who had requested
$90,000. McDonald's also refused this offer.

Class Action Litigation Act Of 2017
Introduction:
Class actions continue to be a hot bed for both litigation and legislation. Gaining traction in the
Senate is the Fairness in Class Action Litigation Act of 2017 (the "Act"), which already passed in
the House of Representative by a vote of 220 to 201. But how significant is the Act? And how does
it differ from the current Rule 23 framework and the Class Action Fairness Act ("CAFA") that was
passed in 2005? Early commentators have come out on both sides, some praising the Act's attempts
to cut down on unmeritorious litigation driven only by plaintiffs' attorneys and third–party funders,
others viewing the Act's new restrictions as a boon only to defendants. Regardless of how the Act is
characterized, if enacted in its ... Show more content on Helpwriting.net ...
This often occurs in cases involving consumer products– there can be thousands of people who have
not actually been injured but who are merely unhappy with a product, and they are allowed to be a
part of the class. An empirical study found that no–injury class actions have resulted in
approximately $4 billion worth of settlements and judgments over the last decade alone.
The new requirement would especially impact securities fraud cases, where the range of investor
losses can differ between a few hundred dollars (for individuals) and hundreds of millions of dollars
(for institutional investors). Similarly, product liability claims would be more difficult to certify,
especially those involving pharmaceuticals, because the symptoms, latent period, and extent of
injuries often vary dramatically across class members.
This new requirement is the change most likely to have the biggest impact on how class actions
proceed, mainly because its language is vague and susceptible to differing interpretations. So, while
on the one hand, the addition of a new requirement may decrease the number of cases that are
allowed to proceed as class actions, on the other hand, there will likely be an increase in litigation
dealing with how "type and scope" should be interpreted.
Reliable and feasible method of distribution
The Act would add an additional requirement to class certification by requiring that the

A Critical Analysis Of The Uk 's Compensation Culture
A critical analysis of the UK's 'Compensation Culture'
"Does UK law encourage people to 'blame and claim'?"
Compensation culture is a culture where individuals try to get compensation for any loss, damage,
or suffering caused by another individual. This commonly stretches to include incidents that have
weak or insubstantial links between the claimant and defendant (Horsey and Rackley 2009). Lord
Falconer the former Lord Chancellor defines compensation culture as
"...a catch–all expression... it's the idea that for every accident someone is at fault. For every injury,
someone to blame. And, perhaps most damaging, for every accident, there is someone to pay" (Lord
Falconer, 2005). This essay will briefly explain negligence and its elements and will further
critically analyse the UK compensation culture and discuss whether it exist, or whether it is a
perception created by the media. This essay will further discuss whether the UK laws encourage
people to blame and claim and what the UK law has done to prevent an increase in the
compensation culture. The tort of negligence was established with the leading case of Donoghue v
Stevenson (1932) . Donoghue got sick from having a drink in a café after finding a snail in the
bottle. Around this time, there was no route for litigation due to no contractual association. The only
contractual commitment was with Donoghue's friend who bought the drink and the café owner. Lord
Atkin quoted the Bible's principle of

Tort Reform Research Paper
Have you ever seen a commercial for mesothelioma victims, saying that billions of dollars have
been set aside for those injured by asbestos? That you only need to call the number on your screen
to receive your compensation? Or how about the ones for transvaginal mesh implants, Xarelto, or
men developing gynecomastia after taking ARVs? These are all tort lawsuits that have been/are
being tried in court to punish companies for making faulty products. This seems fair, doesn't it? It is,
don't get me wrong, but like every good thing it can be taken too far. Let me give you an example.
Onder Law Firm of Webster Groves of Missouri came across some cases of baby powder causing
ovarian cancer. They took these lawsuits and ran with them. They made ... Show more content on
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People brought lawsuits against tobacco companies claiming that cigarettes caused different
diseases. These cases did not hold up in court and lost. However, states brought similar lawsuits
against tobacco companies and won. The states were paid $206 billion dollars to offset the costs for
treating those who have been harmed by tobacco products. These lawsuits led to tobacco companies
regulating the industry more and providing public health campaigns warning about the negative
effects tobacco products can have (Aliprandini and Walter 1). The last influential case for tort
litigation is the Dalkon Shield lawsuit. The Dalkon Shield is a birth control device that caused harm
to those who used it. There were so many claims that the company declared bankruptcy. (Although
it was later revealed that the company was not bankrupt but declared it to quit paying claims.) These
lawsuits led to the Medical Device Amendment. This amendment states that all medical devices
need to be tested and approved by the Food and Drug Administration before being sold to the public
(Aliprandini and Walter

Cja 520 Federal Torts Act 1946
Federal Tort Acts of 1946 Jenna Smith CJA 520 Professor Mark Holley July 30, 2011 Introduction
In the United States today if you as an officer put either you or your department in a liability, for any
type of act that is not warranted and handled in a professional manner you are opening yourself for a
number of different actions which could hurt both you, your department as well as causing you to
loss everything that you own, just because you decided to not following proper protocals which
were developed for you department. "In any case in which death was involved, the law where the
act or omission complained of occurred provides, or has been construed to provide, for damages
only punitive in nature, the United States shall be ... Show more content on Helpwriting.net ...
al., 2003). We do not have enough information about this case to know whether there was anything
the hospitals in question could have reasonably done different. Illegal Sales A man in Broward
County is suing liquor giants Bacardi and Coors, among others, for directing their marketing
towards minors. In his suit, the man is described "as a parent whose children ‘have consumed one
or more of the defendants ' products while still underage" (Danner, P., 2005). The lawyers have
obviously decided this sounds like a good lottery case, and are trying to get the case certified as a
class action that way they can offer themselves to any parents or guardians of minors who purchased
alcoholic beverages from1982 to present (Danner, P., 2005). The more people they get, the more
they will receive in fees and this doesn 't have anything to do with them offering themselves, just to
see justice done. Smoking Torts The tobacco industry is one of the hardest hit, with almost no one
nationwide accepting responsibility for their inability to loosen the habit. Longtime smokers are not
the only ones who have gone after big tobacco, though. The company who makes Camel cigarettes
paid out much money for using a cartooned camel named Joe in their advertising, with lawyers
alleging they were targeting kids. Betty Bullock was awarded 28 billion dollars for having lung
cancer, and the

Argumentative Essay: Frivolous Lawsuits
American society by increasing costs to all consumers, limiting choice and access to services and
products, costing jobs and capping wages. Even worse, excessive litigation subverts the right and
responsibility of Americans to determine the rule of law, and set codes of conduct and fairness,
through legislative process" (Pearson and Dilascio 2). Reform is being called for to rid of these
problems, prevent them from getting worse. Many courts in America have been backlogged due to
an excess in frivolous lawsuits, many of which are tort lawsuits. A frivolous lawsuit is a case where
no real damage was done to the plaintiff, but is filed anyway. Since these lawsuits are frivolous the
only people really benefitting from them are the attorneys. The attorney usually gets a part of
whatever compensation/ damages/ settlement paid by the company being sued. Because of this
lawyers will actively seek out case to pull together into a lawsuit that will generate a large sum of
money for themselves. Even though the people themselves wouldn't have filed a lawsuit before
being found by the lawyer, they file the suit due to the promise of a settlement (Pearson and ... Show
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The American Rule states that the person who hired the lawyer, pays the fees. The English Rule
states that the losing party after the trial, has to pay the attorney's fees. Yes, this will cause lawyers
to reconsider why they are suing, but this will cause some frivolous lawsuits to go away ("Tort
Reform Necessary to Solve Defensive Medicine" 9). This due to the fact that the lawyers will not
keep filing and refiling in different courts to try and find a sympathetic court. This will also reduce
the absurd amount lawyers make when a settlement is reached. Instead of taking a piece of each
settlement, the other party will be paying. This also means that all the money awarded will actually
go to the person who is

The Founding Fathers Of Our Constitution Essay
In order to ensure that Fundamental Rights did not remain empty provisions, the founding fathers of
our Constitution have made various provisions in the Constitution to maintain an independent
judiciary. Articles related to Fundamental Rights and Directive Principles and independent judiciary
together provide a firm constitutional basis to the growth of Public Interest Litigation in India. The
founding fathers envisaged ''the judiciary as a bastion of rights and justice''. An independent
judiciary lanced with the power of judicial review was the constitutional device chosen to achieve
the required objective. This jurisdiction to enforce the Fundamental Rights was conferred upon both
the Supreme Court and the High Courts, hence them being the courts that have entertained all the
Public Interest Litigation cases.
Impetus for PIL
A number of factors contributed to the robust development of PIL in India. The first factor has
already been noted above, that is, the constitutional framework relating to FRs and DPs. It is clear
that because of FRs and DPs, the Indian judiciary would have enjoyed a comparative advantage in
anchoring PIL vis–`a–vis courts of those jurisdictions (such as the United Kingdom and Australia)
where there was no Bill of Rights. Secondly, several constitutional provisions concerning the
powers of the Supreme Court helped the Court in coming up with innovative and unconventional
remedies, which in turn raised social expectations. For instance, a provision

Prison Life Paper
Prison Life
Theodore Koufos
DIEGO CRISOSTOMO
JONATHAN IVERSON
CJA/234
February 17, 2015
Barry Lewis
Prison Life Life behind bars in a prison environment is difficult to inmates to accept and that society
will continue without them. Jail and state inmates have similarities, are also different when detained,
and incarceration. The federal, state, and local jails have similar programs for prisoners and
rehabilitation process. The prison system will change an offender for the better or worse. Prison life
is subject to change anybody that enters prison.
Jail and prison inmates are different. For example, prison inmates serve a minimum sentence term of
one year. Prison is one form of punishment for crimes that were committed. A prison ... Show more
content on Helpwriting.net ...
It is not surprising that the causes of violence and disorders in prison are consistent with a much
larger body of research on the causes of violence and disorder in our communities. There is some
evidence that inmate, staff, and management–centered strategies can reduce prison violence and
disorder. It appears that more research on each of these approaches to the prison violence problem is
needed to determine the causes behind each type of violence. These approaches to the prison
violence problem is needed before we can access the "what works" in any area (Byrne,

Pros And Cons Of Filing A Whistleblower Suit
In my opinion, filing a whistleblower suit is definitely not for the faint of heart. There is definitely
anxiety and stress associated with uncovering and eventually reporting alleged fraud. In an effort to
prevent the whistleblower from revealing the lawsuit to anyone, whistleblower or qui tam cases are
generally filed under court seal. This means the relator cannot discuss the case with family, friends
or co–workers until the government has completed their investigation and can oftentimes be difficult
on the person bringing the evidence to light, as this may bring about feelings of isolation. The
government uses the seal to their advantage in order to covertly investigate any and all allegations
surrounding the whistleblower's

Plra Court System
At one point the United States Court System paid no attention to inmate complaints and concerns.
However, that changed when the Supreme Court took an interest in prisoner litigations. Lawmakers
finally began to see inmates as American citizens who still were afforded certain liberties according
to the United States Constitution. Once perspectives began to change about the prisoners and their
rights, petitions addressing the violations of inmate's civil liberties started to flood into the courts.
The American court system is aware that prisoners do have some rights, but they would naturally be
fewer than free citizens (Carlson & Garrett, 2008). The limitation of rights is mandatory to sustain
security in prisons or jails. The federal government stepped in and ... Show more content on
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The first is that the inmate must exhaust all supervisory fulfilments in their local facility before the
case is filed in federal court. Next, the petitioner is required to pay applicable fees for filing as well
as the court cost, through their assets or a correctional trust fund. Thirdly an inmate is forbidden
from filing in "forma pauperis" as mentioned in the second requirement if they had a previous suit
dissolved for being frivolous or vengeful (Carlson & Garrett, 2008). The intention of the legislation
was an attempt to correct a problem that was endangering the legitimacy of the process. However,
the PLRA and it states catalogs have considerably decreased judicial oversight of prisons, jails, and
juvenile facilities, which has now resulted in the terrible abuses going unmonitored. The PLRA is
responsible for a sixty percent decline in the number of federal cases filed between 1995 and 2006.
The legislation was not supposed to prevent the raising of legitimate complaints. If the bill were
doing what its creators intended, there would be a decline in filings and an increase in plaintiffs
success. The PLRA has dismissed fewer cases than it has settled (Schlanger & Shay,

The Self Centered, Me Mentality, A Character Flaw That...
A self–centered, me mentality, is a character flaw that many Americans struggle with. Consider the
man that was cautioned by his mother to become financially stable in his life before having children.
He did not heed her advice and created three children before completing college. The choices he
made resulted in him working long hours, paying endless amounts of child support, and having no
time for a social life of his own. He chronically complains and while he created his own storm, he
got upset when it rained (Tagore). While some people wisely accept personal responsibility for the
situations they have created due to choices and decisions they chose to make, others are quick to use
self–justification methods and therefore lack the ability to take responsibility for their own lives.
According to the Merriam–Webster Dictionary, narcissism is an "excessive interest in one's self; or
self–centeredness arising from failure to distinguish the self from external objects" (Merriam–
Webster.com). This is a contributing factor of the growing problem of many Americans whom
refuse to acknowledge their unproductive behaviors. "If it seems like responsibility–shirking is on
the rise, it may not be your imagination. Narcissism has risen 30% among college students since
1979, and studies show their self–confidence is at an all–time high" (artofmanliness.com). People
are very focused on themselves and do not care about the consequences of their actions. This is
causing major

Frivolous or Not? Two Law Suit Case Studies
Introduction
Liebeck vs. McDonald's was a known case in the early 90's because to most it was a frivolous case
and an easy way for one to get rich. The case involved a 79 year old woman who happened to have
spilled hot coffee onto her lap purchased from McDonald's and then suffered severe third degree
burns. The woman was then presented with millions of monies covering the damages she incurred.
In addition to the above case, the Chung vs Pearson, was also known to be a frivolous case which
took place in the year 2005. This case consisted of a DC Administrative judge suing his local
neighborhood dry cleaners for a missing pair of suit pants for a little over 65 million dollars.
McDonald's vs Liebeck
Facts
In the year of 1992, Stella Liebeck was driven to a local McDonald's where she ordered a cup of 49
cent coffee to go. While riding in her grandson's Ford the car did not come furnished with cup
holders so he pulled into an empty parking space once she received the coffee she placed the cup in
between her legs opening the lid to pour cream and sugar and ended up spilling the coffee in her lap
causing her to get 3rd degree burns scolding her buttocks, thighs and her groin area. The facts of the
case are that according the McDonald's manual the temperature of the coffee is supposed to be
served at a temperature of 180–190 degrees but the plaintiff attorney argued the temperature should
not be any hotter than 140 degrees. If the McDonald's franchise decides to lower the

Essay on Frivolous Lawsuits
Justice, Tranquility and The Greed for Money
Lynn Hubbard is handicapped. She happens to also have her own law firm. In the past year, she sued
more than 600 nearly irreproachable institutions for over two million dollars. Hubbard and her
entourage of scheming lawyers have not done anything illegal. Some may argue that she has simply
exercised her right to the legal system. In any case, Hubbard is part of the growing American society
that has discovered large money in mass litigation. This rise in greedy and manipulative lawyers has
provided Americans with a skewed financial interest in the American courtroom and has hindered
the justice system as a whole. Congress must reexamine tort reform to provide Americans with a
trustworthy and ... Show more content on Helpwriting.net ...
His argument, which focuses on the separation of powers in the American government, explains
why Americans rush to the courtrooms unlike other democratic countries. The concept of "checks
and balances," America's system of separated powers, limited national control over state and local
police forces and independent judiciary, was intended to protect American citizens from tyranny
(Burke 24). However, it has also made it harder for elected leaders to get things done. Take Britain,
Germany, or France, for instance, all of which have centralized governments that provide them with
safeguards and social welfare benefits. Instead of national healthcare that is practiced throughout
Europe, "Americans get proposals for a 'patients' bill of rights' that would allow the sick to sue their
managed–care companies" (Burke 22). The problem has become so out of control in the United
States, doctors in Florida, New Jersey, and West Virginia went on strike earlier this year. Delaying
surgeries, in an effort to decrease annual insurance premiums of over $100,000, doctors asked
Congress for reform on malpractice liability and lowered caps on "pain and suffering." Eduardo
Esper, a cardiothoracic surgeon in Wheeling, West Virginia, was part of the walk out that occurred
early in January of 2003. "We're not prepared, having spent all night with a patient, for that patient
to come back and sue us. And the majority of the time those suits are promoted by lawyers that I

Mcdonald's Liability
Essentially, Ritenbaugh expressed that God's word shows that He holds people accountable for
liability when people have careless disregard towards other people.
Conclusions
The case of Liebeck v. McDonald's clearly illustrates that companies must be mindful of not
harming consumers through defective provides, because consumers that are harmed by products,
have the ability to successfully win awards to be compensated for damages. With that in mind, it is
recommended that Divine Coffee Shops reduce coffee temperatures. According to the Burn
Foundation (2016), to eliminate the risk of burns, hot liquids should not be served beyond 160
degrees. The full article published by the Burn Foundation can be found here:
http://www.burnfoundation.org/programs/resource.cfm?c=1&a=3. To ensure that our customers are
protected, we must implement a policy of checking the temperature of the coffee, before serving
customers. The case of Liebeck v. McDonald's was been repeatedly cited as an example of frivolous
litigation in the United States. However, to Stella Liebeck, the lawsuit was not frivolous.
In summary, the outcome of the Liebeck v. McDonald's case resulted in Stella Liebeck having the
ability to hold McDonald's accountable for her third–degree burns. ... Show more content on
Helpwriting.net ...
For Stella Liebeck, product liability laws protected her by ensuring she was compensated for the
pain and financial burdens she endured. For McDonald's, product liability laws resulted in the
company hopefully realizing that the issue of the coffee being too hot needed to be corrected to
make certain that other consumers were not harmed. For the customer's of McDonalds, product
liability laws worked by future consumers not being harmed by McDonald's hot coffee, if the
company took the right steps to correct the problem, and by jurors sending the message that if
harmed, consumers can receive justice through the legal

Frivolous Lawsuits
Justice, Tranquility and The Greed for Money Lynn Hubbard is handicapped. She happens to also
have her own law firm. In the past year, she sued more than 600 nearly irreproachable institutions
for over two million dollars. Hubbard and her entourage of scheming lawyers have not done
anything illegal. Some may argue that she has simply exercised her right to the legal system. In any
case, Hubbard is part of the growing American society that has discovered large money in mass
litigation. This rise in greedy and manipulative lawyers has provided Americans with a skewed
financial interest in the American courtroom and has hindered the justice system as a whole.
Congress must reexamine tort reform to provide Americans with a ... Show more content on
Helpwriting.net ...
While I applaud the Bush administration for taking viable steps towards stopping the practice of
frivolous lawsuits, I do not feel that it is in my position to place a price tag on a human life. While
tragic cases such as these place insurance companies, doctors, legislators and families in an ethical
and legal dilemma, it is the lawyers who pursue a common practice known as "ambulance chasing,"
that causes the root of all of these problems. Having originally acquired its name from personal
injury lawyers, this immoral method is applied when a law firm contacts a recent accident victim
and pries them into taking their cases to court. In many states, laws have been instilled that ban
ambulance chasing – specifically accident victims – however money–hungry lawyers have found
ways to outthink the system. Hubbard is a perfect example of such a lawyer. Hubbard and her hired
associates have visited hundreds of businesses, which offer services to the public. Prying their way
into restaurants, malls, and medical offices, to name a few, they search for deficiencies that do not
comply with the 1990 American Disability Act. By law in the state of California, one is able to
prosecute for up to $250,000 for "pain and suffering" in addition to the $100,000 in penalty fees. In
a sense, many of these cases end up being more like insurance fraud. Since many of these large
corporations have insurance that cover potential cases like these, most of

Daily Show Analysis
During GSN's annual upfront presentation, held in New York City earlier today, the network
announced the slate of new and returning series. Among the renewed shows are Snap Decision
(hosted by David Alan Grier), Divided (hosted by by Mike Richards) and Winsanity (hosted by
Donald Faison). New episodes of the docuseries Cover Story and GSN's interstitial sweepstakes
program Daily Draw will continue to air this year. Both shows premiered on January 14 and January
30, respectively. GSN is coming off a strong year of 16 million new viewers tuning in and a 66%
increase in Facebook social engagements over the last year. Listed below are the new series and
programs in development GSN had unveiled for its 2018 programming plans. New Series Title:
America ... Show more content on Helpwriting.net ...
Producer(s): Dee Haslam, Rob Lundgren, Lori Stryer (RIVR Media) Host: TBD Observations In
last year's upfront, D.I. Why?, The Tower, Blast Your Past and a US adaptation of Pointless were
listed as programs "in developments". This year, neither of those shows were mentioned – missing
without a trace. America Says' nationwide survey–based format seems similar to Let's Ask America
without the contestants broadcasting from their webcams. It's interesting that GSN has decided to
pick up an ambush game show series that unsurprisingly resembles Cash Cab after ordering reruns
of the Discovery Channel game show to air late last year. This could backfire if Movin' Money is
not compelling enough to retain audiences after the first couple of episodes. I don't have a good
feeling about this one. Mall Madness would be the second GSN original series to film from the Mall
of America since Mall Masters (hosted by Chris Harrison of Millionaire, The Bachelor and The
Bachelorette) in 2001. I hope Mall Madness will be exponentially more interesting than the
disappointing Stone–Stanley–produced game

Medical Malpractice Case
election even though he was up against another candidate who received great sums of money from
the US Chamber of Commerce. Diaz, unlike his opponent, was not considered to be pro–business
and would vote in favor of citizens rights when it came to tort reform, so the US Chamber of
Commerce was willing to spend money to get a pro–business justice. However, after winning the
election, the US attorney began to investigate him for fund donated to his campaign; a good friend
of his who was a lawyer cosigned on a loan to fund his campaign and he was investigated for
bribery even though Diaz had always refused to hear a case involving Minor in the past due to the
conflict of interest. After he was acquitted from the bribery counts, he was investigated ... Show
When someone is seriously harmed by a medical professional to the point where they will be
damaged for the rest of their life, they deserve to be compensated, especially if the person is a
dependent and will need lifelong care. A serious example of this problem is the case of a couple in
Nebraska whose son was born with cerebral palsy due to negligence by their obstetrician. When the
case went to trial, the monetary value assessed for taking care of their son for the rest of his life was
six million dollars, and the jury awarded them 5.6 million. However, the cap on all damages, both
economic and noneconomic, is 1.25 million, so that was the amount of money the couple received
(Hot Coffee). This is a problem for two reasons: caps limit the jury's ability to make a fair decision
based on the trial, and the lack of money paid out by the doctor's insurance will have to be covered
by taxpayers later. The point of a jury is to allow a panel of peers to judge a person's case and give a
worthy compensation in the civil justice system, and caps take this away from the jury. The son will
now be taken care of by Medicaid and Social Security money, which ultimately comes out of tax
payer's pockets, leaving citizens responsible for something the insurance companies should have
covered. This is exactly what insurance companies want, and they will continue to ensure they pay
out as little money as

Essay on Tort Reform
Tort Law and Cases:
A Comparison of Two Cases and Their Potential Frivolity8/22/2010
|
Introduction
"A tort is a civil wrong resulting in injury to a person or property"; that is brought before a court to
compensate the injured party (Bagley & Savage, 2010, pg 251). In order to prove an intentional
tort, the following conditions must be met: 1) Intent 2) Voluntary act by the defendant 3) Causation
4) Injury or Harm.
The following tort cases, Pearson v. Chung and Liebeck v. McDonalds, have been a pinnacle "poster
child" for tort reform in the United States. In 2002, frivolous lawsuits cost taxpayers over $233
billion (Insideprison.com, 2006). What is considered a frivolous lawsuit? It is when an attorney ...
Show more content on Helpwriting.net ...
(Manning–Sossamon.com, 2009)
Originally, Mr. Pearson sued Custom Cleaners for the loss of his pants, alleging claims of common
law fraud and that they violated the CPPA by displaying signs that read "Satisfaction Guaranteed",
"All Work Done on Premises" and "Same Day Service". The amount Mr. Pearson was seeking for
relief was $67 million dollars, since that is what it would take for the Chungs to satisfy his claim
(Pearson 2). It was Mr. Pearson's belief, that there is an unconditional warranty that Custom
Cleaners now must provide since they have the "Satisfaction Guaranteed" sign hanging in there
store. (Pearson 4). In the pretrial discovery, the court confirmed that all work was done on premises,
and the judge granted summary judgment to the defendants on the portion of fraud. Mr. Pearson
amended his lawsuit and stated that he is "not suing for lost pants", but only regarding the
"Satisfaction Guaranteed" sign. (Pearson 4). Mr. Pearson insists that the "Satisfaction Guaranteed"
sign is unconditional and limitless (Pearson 7). In addition, the claim tickets that are printed have
limitations on the back which further limit the unlimited guarantee that is provided by the signs
hanging in the store, which is a violation of the FTC regulations regarding "Satisfaction
Guaranteed" (Pearson 20). The court, however, ruled that the "Satisfaction Guaranteed" means how
a

Role of Arbitration and Mediation in the Legal System
Part1: Arbitration and mediation In general, arbitration is a more formal method of alternative
dispute resolution than mediation. "Arbitrators generally act similar to a judge and make decisions
about evidence and give written opinions, which can be binding or non–binding" (Mediation versus
arbitration versus litigation, 2008, Find Law). There may be one or more arbiters selected by both
sides, or a third selected by the mutual arbiter. The methods deployed are often very similar to that
of a court room. In contrast, mediation "is generally conducted before a single mediator who does
not judge the case but helps facilitate a discussion and eventual resolution of the dispute"
(Mediation versus arbitration versus litigation, 2008, Find Law). Mediation has a high success rate,
but this may be due to the fact that parties which select mediation tend to be less polarized. Both
forms of ADR can be advantageous, given that they are less costly and also can keep the anger
involved to a minimum. A compromise can be reached that is mutually advantageous to both sides,
and 'alternative' solutions can be found that will not necessarily be allowed in a more formal jury
system. Mediation and arbitration can also be embarked upon more quickly than a lawsuit, which
enables the parties involved to engage in dialogue before conflicts get out of hand. And in some
disputes, such as divorce, there are often many grey areas, with no clear, single person who is in the
wrong or right.

Litigation Filed For Public Interest Litigation
1.1 INTRODUCTION Public interest Litigation (PIL) – litigation filed for public interest. It was
started in order to protect the fundamental rights of people who are poor, ignorant or socially and
economically backward in position. Public Interest Litigation is not same as any other ordinary
litigation, it is not filed by one private person against another for the enforcement of a personal right
but it is filed for the protection of public interest. It is litigation introduced in a court of law for the
benefit of the public not by the aggrieved person but by any public spirited citizen or by any group
such as NGOs etc. It is not necessary, for the purpose of exercise of the court's jurisdiction, that the
person whose rights are violated or are likely to be violated should personally initiate judicial
proceeding before the court of law. The normal rule is that if the personal right or interests are not
adversely affected he cannot maintain a Petition. In other words the person aggrieved or affected
alone can maintain a Petition but however the horizon of the law had been developed into a wider
one taking into its fold what is called as "Public Interest Litigation"1 ___________________ 1
Public interest litigation is the power given to the public by courts through judicial activism.
However, the individual or the group who is filing the litigation must prove to the satisfaction of the
court that the petition is being filed for a public interest and not for his personal

Litigation vs. Alternative Dispute Resolution: Benefits...
Litigation versus ADR: Benefits and detriments for both sides For many companies, entering into
litigation is not cost–effective in terms of time and money. "Although many companies have in–
house counsel who are accustomed to the trials and tribulations of litigation, company executives
still have to be involved, either as witnesses, in settlement negotiations, or in explaining the case to
other management" (Weiss 1999). For smaller firms without in–house counsel, the financial burden
of litigation can be even greater and they can ill–afford time that must be allotted to dealing with
litigation. In addition to the opportunity costs in terms of expense and human resources, here is also
the negative publicity that can be stirred up through litigation, which can damage the firm's
reputation. ADR (alternative dispute resolution) offers a feasible alternative: it is conducted in a
private setting, which can be invaluable for companies which are concerned with how their
customers perceive their product. A company accused of a safety violation, for example, might
prefer to settle out–of–court, even if they felt the lawsuit was frivolous, just to ensure that it did not
lose its 'good name.' Another advantage to arbitration is that both parties can set their own terms.
"Parties can develop their own ground rules" (Murray 2012). They can also come to an agreement
on who will mediate the proceedings: participants "in the arbitration process parties decide jointly
on the

The Application Of The Patent System
Intellectual Property Midterm
Question #2
The core purpose of the patent system is to incentivize innovation but the current system often has
the opposite effect. Patents give inventors monopolies over their inventions for a period of time in
order to allow inventors to recoup the costs of research and development ("R&D") and to generate
profits that reward inventors' efforts, encouraging future investment. In exchange, patentees dedicate
their inventions to the public domain once their patents expire. The traditional model of patent
licensing, whereby a company pays a patent owner to license an invention that a company
legitimately uses has been appropriated by non–practicing entities ("patent trolls") and aggressive
patent holders that initiate frivolous lawsuits. Patent trolls often purchase patents from bankrupt
companies, for the sole purpose of extorting licensing revenues from organizations that are actually
creating new products.
Patent examiners increasingly grant overly broad, obvious, and non–novel patents particularly in
high–technology industries. The massive increase in U.S. patent awards in the past few decades has
not been associated with more rapid economic growth, largely because many of the patents issued
are for advances of marginal value, which slows high–quality development and rollout by enabling
patent trolling. Some companies aggressively assert their patent portfolios to prevent competitors
from entering the market. Small companies are

Should Legal System Be Used To Resolve Purposeful Misconduct
The legal system should be used to resolve purposeful misconduct; instead frivolous lawsuits have
affected every aspect of our society because individuals with legitimate grievances have been
trivialized to a get rich quick mentality that is permeating American society. There was a time if
someone spilled coffee on their lap or tripped on a raised sidewalk, they called themselves clumsy,
but today they call an attorney. Attorneys have created the mindset that anyone can win the legal
lottery by suing over situations that could have been resolved by simply "turning the other cheek."
"To turn the other cheek," is a biblical instruction to urge people to be motivated by love and to have
a desire for the redemption and forgiveness of offenders in lieu of personal revenge and/or
vengeance. It was also not intended for people to be passive victims nor suffer in silence and refuse
to seek legal protection if a person provoked another into a confrontation with a literal slap–or with
stinging sarcasm–the person slapped should avoid retaliating by simply "turning the other cheek."
Legal historian William Nelson argues that "no topic has ... Show more content on Helpwriting.net
...
English law in its earliest stages did not differentiate between tort and crime; when one person
harmed another, the remedy was known as a feud and the object was to cause an equivalent harm to
the wrongdoer. In the earliest form, English courts were local and applied local laws. After the
Norman conquest of England in 1066, William the Conqueror brought Norman law that was heavily
influenced by Roman law, to intermingle with Anglo–Saxon and Celtic legal traditions. Royal courts
were created and gradually took limited jurisdiction over a specified list of "wrongs" –– primarily
felonies where there was a breach of the "king's peace," and disputes involving

Pearson and Mcdonal Lawsuit Analysis Essay
Pearson and McDonald's Lawsuit Analysis Samantha Penico University of Maryland University
College, AMBA 610 Executive Summary There are two major lawsuits which the main populace
has defined as frivolous. One of those cases is the McDonald's split coffee case. This is the case
where the plaintiff spilled her coffee and was rumored to sue McDonald's for 2.7 million dollars and
win. The other's case is the Pearson dry cleaning case where a man sued Chung Dry Cleaner's 54
million dollars for losing his pants. The plaintiff won in the McDonald's Case and the Plaintiff lost
in the Dry clearance's case. In this paper we are going to dissect each case by the facts, the law, the
issues, the ethical issues, the defendants preventative ... Show more content on Helpwriting.net ...
In the Pant's Suit Pearson has no proof that Customer Cleaners lost his pants, it is all alleged. He
could have forgotten them at his house or lost them himself, there is not any way to prove Custom
Cleaner's even lost his pants. But in the McDonald's case it is easy to see the facts because they are
all in statistics, in photographs, the facts are all in the evidence. One case is already losing it's steam
while another is gaining momentum, lets move on. What are the Issues? An issue is why a case is
even occurring. One issue is burns from an overly hot cup of coffee. The other issue is emotional
distress and financial loss due to a pair of missing pants. There may be isssues though that grow
from these or are the issues really that simple? In the missing pants case, the issue is Judge Pearson's
pants were allegedly misplaced by Custom Cleaners. So how is it a pair of missing pants led to a
suit battle that lasted over two years? There must have been other issues involved. First lets assess
the facts we received, the pair of pants Custom Cleaners gave Mr. Pearson he claimed were not his,
but they were his size and matched the alteration specification requested (Goldwasser, 2007). Other
issues that grew from the case was the loss of business and harassment the Chung's received due to
Mr. Pearson's harassment. Mr. Pearson would regularly go door to door in the neighborhood asking
the

Tort Reform And Frivolous Lawsuits
As defined Tort reform advocates propose among other things, procedural limits on the ability to file
claims, and capping the awards of damages. There are common goals for each different tort reform;
some of these include
To make it more difficult for injured people to file lawsuits
To make it more difficult for injured people to obtain a jury trial
To place limits on the amount of money injured people received in a lawsuit.
Frivolous lawsuits are lawsuits that cannot be supported under existing legal precedent. In political
debate the term frivolous is used to describe torts as a small connection between the defendant and
the plaintiff where the damages sought after are too high. The U.S. sees about 15 million lawsuits
each year that

Medical Malpractice Crisis Analysis
Implications of the medical malpractice crisis One implication of the medical malpractice crisis is
that specialists in high risk fields are considering and/or leaving their practice which is drastically
affecting the quality of patient care; treatment for patients who need specialists is declining rapidity
(Cline & Pepine). Insurance rates are so high that many doctor's either can't afford it and/or do not
think it is worth staying in the practice. Patients are often forced to travel long distance for a
specialist; waiting long hours at an overcrowded doctor's office with less efficiency in the quality of
medical care (Cline & Pepine). Another implication of the medical malpractice crisis is that a huge
reason that insurance rates continue to skyrocket is the cost of court defense/attorney fees when a
doctor loses which averages a half–a–million dollars (Abadinsky, 2014); it is also the reason why so
many lawyers are eager to sue doctors. There would be far less frivolous lawsuits if attorneys did
not profit so greatly and ... Show more content on Helpwriting.net ...
Although there is no federal statute that limits the amount of profit an attorney can retrieve in
medical malpractice case, some states such as California, Tennessee and Wyoming have placed
limits and/or sliding scales on contingency fees (LaMance, 2014). Lawyers in these states can only
recover a certain percentage depending on the amount won for instance in California an attorney
cannot exceed 40% of first $50,000, 1/3 of the next $50,000, 25% of the next $500,000, and 15% of
damages exceeding $600,000 (LaMance, 2014). I would enforce a federal statute that limits the
amount of profit an attorney can retrieve and/or push for all of the US states to place contingency
fees with limits and/or sliding scales on how much a lawyer may profit in medical malpractice

Essay on America Needs Tort Reform
According to the U.S. Chamber of Commerce Institute for Legal Reform, "The tort system is truly
broken and in bad need of repair." Tort cases are becoming an extremely common fight in the
nation's legal system. Since 1986, 38 of the 50 United States have adopted some sort of tort reform.
However, with the many flaws of the tort system today, the suffering American economy will
continue to fall behind if the American public does not insist on fighting for justice in the legal
system. The governing bodies of these states must continue to seek reform and propose strategies to
fix the corruption in the tort system. The legal system set up by the founding fathers will experience
corruption in the negligence of these governing bodies. Tort ... Show more content on
Helpwriting.net ...
Reform is needed.
In 2005, the estimated cost of the tort system in the United States was approximately 260.8 billion
dollars. Broken down, every U.S. citizen spends approximately 880 dollars annually on "litigation
taxes" which fund United States tort cases (Balik, Carl). Understanding these numbers, it is absurd
to think that a family of 6 spends approximately $5,280 each year on frivolous cases in the nation's
judicial system. With each U.S. citizen paying roughly $1,000 on cases of tort, it is obvious that the
system is being abused. Caps in the tort system limit the amount of money a jury can award a
victim. These need to be put in place in order to prevent further damage to the nation's economy and
further abuse to the county's legal system.
Lawsuits of medical malpractice may be the greatest threat to justice in the legal system. Tort cases
are constantly filed against medical practices which cause health care prices to dramatically increase
in states lacking caps. Medical practitioners are forced to undergo an unnecessary amount of costly
tests and procedures in order to defend themselves from frivolous lawsuits. The expenses of these
precautions cause hospitals and other medical facilities to charge more for the care given to the
patients,

Tort Reform in the Us
The Need for Tort Reform in the United States Tort law is a type of law that is designed to offer
remedies to civil wrongs. Unlike contractual damages that occur, where responsibility is
predetermined, tort law is designed for someone who is legally injured to be able to recover
damages from the person who is deemed legally responsible, or liable for such injuries. Tort law is
broken down into three main categories, negligence, strict liability, and intentional tort. In
negligence tort one is accused of causing damages through their carelessness. After accusation of
negligence the plaintiff must be able to show that the defendant had duty of care, and that a breach
of duty had occurred that caused the damages. Strict liability is a ... Show more content on
Helpwriting.net ...
As aforementioned the severe costs of the American tort system have and are becoming more of a
burden on the economy. The effects do not only affect American families, but also businesses as
they have to pay higher insurance costs. Excessive litigation also hurts the economy by slowing
down productivity and growth due to the lack of risk–taking which consequently slows down the
introduction of new technologies. Trying to tackle this problem is University of Virginia law
professor Jeffrey O'Connell and Michael Horowitz of the Hudson Institute, who together have
accumulated a number of tort reform ideas that potentially eliminate the absurd incentives of tort
law and result in cast economic savings. The pair had three reform ideas. First is the "auto–choice"
reform which is designed to make $40 million in savings available on auto insurance premiums. The
desired result from this reform would translate in a saving on a typical insurance premium of an
average of $221. The second (co–authored by Professor Lester Brickman of the Cardozo Law
School) is the contingency fee reform. It is designed to appreciably lower attorney fees by $45
billion a year. It would do this by paying the plaintiff's attorney the amount that they add to the
client's settlement. This is a sort of incentive plan that would give greater reason for the attorney to

The Importance and Use of Disclosure
In this section we will introduce the background knowledge of our topic, and we will show the
motivation of this paper by discussing related prior literature.
A disclosure is additional information attached to an entity's financial statements, usually as an
explanation for activities, which have significantly influenced the entity's financial results. In the
United States, this disclosure is usually found in the notes of financial statements, and many also
can be found in the notes section of the corporate annual report. Basically, the purpose of accounting
disclosure is to inform both current and potential investors of the accounting strategies and methods
used when developing periodic corporate financial statements.
Through disclosure, there are several effects the management wants to reach. First, managers often
issue earnings forecasts to reduce information asymmetry and therefore influence their firm's stock
price (e.g., Nagar et al. 2003). Second, managers' forecast, particularly when they involve bad news,
is aimed at avoiding litigation or at least minimizing the cost of subsequent litigation. Field et al.
(200S) find that preemptive bad–news forecasts are useful in deterring certain types of lawsuits.
Third, analysts update their forecasts in response to firms' earnings forecasts and recent evidence
suggests that approximately 60 percent of analysts revise their forecasts within five days of
management guidance (Cotter et al. 2006). Kim and Verrecchia (1994)

Law Enforcers Should Wear Body Cameras Essay
Criminal Justice & Military Studies
Outline
Thesis: In the wake of the recent police brutality, the law enforcers should be encouraged to wear
body cameras.
Body
Argument for making use of body cameras:
Record and keep track of the evidence at the scene of the crime.
A judge will be provided with the chance for them to see and hear exactly what took place at an
incident, which is very different from reading reports that have been written down by the officers.
The lowered litigation costs that arise from the expedited lawsuits.
The frivolous and the justified complaints against the police are bound to cost vast amounts of
money in the jury verdicts and settlements.
To instill trust in the public
The cameras will have the ability to reduce the complaints on the officers that make use of
unnecessary force or poor behavior from the residence or the officer.
Positive feedback
In the places where the body cameras have been used, there has been a reduction of the complaints
as well as the use of force
Argument against making use of body cameras:
Cameras are an invasion of privacy
In the event that the police are wearing a ... Show more content on Helpwriting.net ...
One of the advantages is that the cameras would be able to record and keep track of the evidence at
the scene of the crime. The cameras ensure accurate statements as well as face recognition from the
witnesses and the victims. There will be no need to rely on another person's partial picture of what
took place; the police will have their own. The use of the cameras by the officers on duty is bound to
give rise to hard evidence when it comes to the decisions that are made by the officers when it
comes to the high–intensity situations. A judge will be provided with the chance for them to see and
hear exactly what took place at an incident, which is very different from reading reports that have
been written down by the officers (Drover & Ariel,

Essay From Railroads to Microsoft: Monopolies in America
By definition a Monopoly is exclusive control of a commodity or service in a particular market, or a
control that makes possible the manipulation of prices (Monopoly 2012). Individuals are often time
fearful of a company or industry becoming a monopoly because it would control too much of a
market share, and do whatever wants; this includes raising prices, to using excess capital to branch
into even more areas (Rise of monopolies 1996). The market structure of a monopoly is
characterized by; a single seller; a unique product; and impossible entry into the market (Tucker
2011). A monopoly can be a difficult thing to accomplish being that a single seller faces an entire
industry demand curve due to the fact it makes up the industry as a ... Show more content on
Helpwriting.net ...
By combining these already large companies, the railroad created a new power as they gained
control of many aspects of the new economy, this allowed them the ability to weed out completion,
lower labor prices and raw materials prices, charge higher prices for customers and get special
treatment from National and State government (Rise of monopolies 1996). All in all, the Railroad
Industry had become a huge monopoly, not with just one product or service but with multiple
industries. The Railroad had all the power, controlling all the prices, and since the new residents of
the west could not survive without the use of the railroad, they were forced to pay the price the
railroad companies set (Rise of monopolies 1996).
The government became worried about the overwhelming power of the railroads and took action in
the case of Munn v. Illinois (Rise of monopolies 1996). The Supreme Court established the
government's right to regulate businesses in order to protect public interest (Rise of monopolies
1996). Although these new laws did little to keep the railroad monopoly at bay, it did help to later
produce new agencies that would and bring realization of the hazardous effects of monopolies and
the havoc the bring (Rise of monopolies 1996).
In more recent years, the Microsoft Corporation has repeatedly been accused of having a monopoly
on the software market (Rise of monopolies 1996). Microsoft

Prison Litigation Reform Act Case Analysis
The influx of inmates in the late 1970s through 1980s led to unsustainable prions condition that
violated inmate's rights granted by the Eight Amendment. As the budgets were being exhausted,
transpired the issues of inmate's poor medical treatment, abusive physical security, and unsuitable
physical conditions (Newman and Scott 2013, 547). In the 1976 case of Estelle v. Gamble, the
Supreme Court of the United States "established that an inmate's Eighth Amendment rights were
violated if prison personnel demonstrated "deliberate indifference" to a prisoner's "serious illness or
injury" (Newsman and Scott 2012, 548). The increased volume of filed lawsuits led to the passing of
the Prison Litigation Reform Act, which " targeted frivolous lawsuits by limiting waivers for the
requirement that inmates pay filing fees, ... Show more content on Helpwriting.net ...
However, the mandated reductions, the prison inmate's population would still be 137.5 % over its
allowed capacity (Liptak 2014). In opposition, the State of California submitted an appeal for the
federal order to the Supreme Court seeking protections under the Prison Litigation Reform Act
(Newsman and Scott 2012). In 2011, the Supreme Court 5–4 decision upheld three–judge panel's
federal order requiring California state prisons to reduce its population by 30,000 inmates (Liptak
2014).The Supreme Court judges emphasized the notion that overcrowding inflicted pain on
prisoners, and, therefore, violated inmate's constitutional rights (Newsman and Scott 2012). After
the Supreme Court's decision, Jerry Brown advocated realignment in the state prisons that would
transfer non–violent, non–serous, and non–sexual offenders to county jails (Ravi 2014). Likewise,
to comply with the federal order Brown allocated 6 billion in state funds to be transferred to
counties aiding the realignment reforms (Ravi

Paragraph 8 Of The U.s. Constitution
Article I, Section 8 of the U.S. Constitution provides the federal government with the power to issue
patents and copyrights in order "to promote the Progress of Science and useful Arts, by securing for
limited Times to Authors and Inventors the exclusive Right to their respective Writings and
Discoveries" (U.S. Const. art. I, § 8). A patent provides the inventor with an exclusive right to "use,
license or sell and invention," (U.S. Const. art. I, § 8), as such the product, service, process or design
becomes the personal property of the inventor(s).
The Patent Act of 1793 redefined the subject of a patent that remains in effect today. The Act reads,
"That when any person or persons, being a citizen or citizens of the United States, shall ... Show
Proponents of patent reform largely focus on the cost of patent infringement litigation to the U.S.
economy and companies. While some argue that the type of patents issued should be limited in
order to uphold the intent of Article I, Section 8, others claim that standards for issuing patents
should be strengthened in order to reduce the number of costly patent infringement lawsuits. The
cost of litigation and standards for issuing a patent is the focus of the proceeding text and
justification for patent reform in the United States.
Patent Infringement Litigation. Nonpracticing companies are firms that do not create inventions,
rather buy patents in order to sell licenses to other organizations interested in utilizing or
commercializing the invention. Nonproducing companies like Bellevue, Washington–based
Intellectual Ventures, argue that licensing of patent rights supports innovation, as they are able to
broker access to companies and individuals that have the capacity to do something with the
intellectual property (e.g. develop or apply the technology in the marketplace). Nonproducing
companies aggressively defend their patents by filing patent infringement lawsuits in federal court
against companies or groups of companies that that they believe have infringed on their patents. The
focus on litigation is in fact a core component of these firms

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