quora
Nobody downloaded yet

Tort Reform in the USA - Research Paper Example

Comments (0) Cite this document
Summary
 This paper critically evaluates some of the print and electronic sources that deal with the tort reform issues in the United States. Tort reform is a policy developed to make changes to common law civil justice systems for the purpose of minimizing tort litigation or damages. …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.4% of users find it useful
Tort Reform in the USA
Read TextPreview

Extract of sample
"Tort Reform in the USA"

Download file to see previous pages  “What is tort reform?” is an article written by Eddins & Greenstone (2009) for the HG.org. This article greatly assists readers in getting a clear view of the tort reform in the US. In order to clearly depict this concept, the authors describe the term tort. They simply define tort as “a non-criminal civil wrong that is caused either on purpose or through negligence” (Eddins & Greenstone, 2009). Article writers say that medical malpractice and false imprisonment are some examples of tort. The tort reform attempts to put procedural limits on an individual’s ability to file claims and restrict awards of damages. In other words, tort reform imposes some limitations on the maximum amount the injured party can claim and the amount of time an aggrieved individual has to file a claim. The article claims that this policy may reduce frivolous lawsuits whereas it also takes away some rights of the victim. In his article “Tort reform important to U.S. future” published in CNN U.S, Dobbs (2005) points out long-term benefits of the tort reform. The author says that the proposed tort reform would amplify the nation’s economic growth as this policy is capable of reducing the enormous burden of tort litigations costs. The writer justifies his argument by pointing that US tort system has already exceeded $200 billion a year and this figure accounts for the nation’s 2% of GDP. Dobbs also illustrates that this figure may rise to roughly 8% unless necessary changes are made to the current tort system. Throughout his article, Dobbs refers to European court systems to support the terms of the tort reform in the US. Bornstein and Robicheaux (2008), in their book “Civil juries and civil justice: psychological & legal perspectives”, address different aspects of the proposed tort reform. The authors state that torts are not criminal offenses and they are aimed at determining liability but not guilt. Bornstein and Robicheaux (2008) point out that there are more tort trails in the United States than contract cases. As a result of increasing tort cases, legal authorities are forced to spend greater amounts of money and time on this issue. The writers also indicate that the proposed reform is the only sensible strategy to bring the US’ civil justice system under control (p.5). The article “Tort reform hurts citizens” was written by Alley Jordan (2011) and published on The Falcon website. The article writer argues that the tort reform policy would notably limit the constitutional rights of citizens. According to the tort reform proposal, a corporation cannot be sued over a certain amount as fixed by its state. This provision prevents plaintiffs from recovering complete damages. The author argues that arbitration clauses in the tort reform are likely to limit plaintiffs’ right to claim against corporations. The gag order is another constitutionally violating aspect of the proposed tort reform and it restricts the plaintiff’s right to speak about the trial publicly. The author concludes the article by stating that “tort reform is good for the corporations that support it, but is not good for average citizens” (Jordan, 2011).   ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Tort Reform in the USA Research Paper Example | Topics and Well Written Essays - 750 words”, n.d.)
Retrieved de https://studentshare.org/history/1450336-tort-reform-in-the-usa
(Tort Reform in the USA Research Paper Example | Topics and Well Written Essays - 750 Words)
https://studentshare.org/history/1450336-tort-reform-in-the-usa.
“Tort Reform in the USA Research Paper Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/history/1450336-tort-reform-in-the-usa.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Tort Law Master Case Study
Brown which would have been "different from [the damage] suffered by the general public,"2 which would constitute a wrong that is identifiably a crime under torts law. Mr. Brown's case is indeed special because he was allowed to find a document not available to the general public.
4 Pages(1000 words)Case Study
Health Sciences - Tort Reform
Tort law plays a fundamental role in healthcare delivery services .It encompasses a number of key areas within the healthcare system. These include negligence, intentional torts and infliction of mental torts. Torts have a direct impact on a healthcare institution through these three areas.
3 Pages(750 words)Assignment
Tort reform for the health insurance industry
But inspite of all these getting a health insurance has become one of the most important thing for any individual in the US, since nobody knows when a medical emergency will crop up. The possession of a health insurance will really safeguard any individual from the extremely high costs, which will be incurred during the course of the medical treatment, by taking care of the medical bills.
3 Pages(750 words)Essay
Tort Reform
This paper tends to evaluate some various opinions on this issue; and finally makes a better conclusion of its own. To begin with, the bill according to critics like Lisa Rickard, the president of the U. S. Chamber of Commerce’s Institute for Legal Reform would only help plaintiff’s lawyers to opt-out the programs they do not like.
2 Pages(500 words)Essay
TORT
In discussing duty of care as a legal concept, Lord Atkin established the “neighbour” principle, which were defined as “persons who are so closely and directly affected by my act that I ought to reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called into question.” The Atkin “neighbour principle” paradigm was criticised for being too wide and risking floodgate claims through making it easy for legal practitioners to successfully argue negligence (Horsey & Rackley, 2009).
9 Pages(2250 words)Essay
Tort
Section 5 of the Employers Liability (Compulsory Insurance) Act 1969 states that: "An employer who on any day is not insured in accordance with this Act when required to be so shall be guilty of an offence and shall be liable on
6 Pages(1500 words)Essay
Tort
This could either be directly, or indirectly. These damages are often in terms of money from the party that stands accused of causing harm (Currie & Cameron, 2000). Usually, these matters often end up in a court of law. However, civil wrongs cannot be
2 Pages(500 words)Essay
Tort Reform
Tort proceedings and legislation is intended to mitigate the injured party against damages and to act as a deterrent against such commissions occurring in the future. Health care and medical practitioners have also been subjects of tort proceedings involving their clients.
3 Pages(750 words)Research Paper
Punitive Damages Promotes Justice while Tort Reform Hurts Society
The imposition of punitive damages not only helps to promote justice in the society but also helps in deterring future wrongful acts. On the other hand, restrictions placed on punitive damages in form of tort reform hurts the society in many ways.
18 Pages(4500 words)Research Paper
Narcotics
Medical practitioners employ narcotics, during medical surgery, in order to minimize or eliminate pain.Narcotics, in medical terms, are divided into analgesics and anesthetics (Levinthal, 2008). Analgesics are used medically to reduce pain while anesthetics entirely eradicate sensation. Anesthetics divide into groups that get rid of sensation for parts of the body while maintaining mind awareness.
3 Pages(750 words)Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Research Paper on topic Tort Reform in the USA for FREE!
logo footer
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • StudentShare App Store
  • StudentShare Google play
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • Miscellaneous
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us