Tort is a civil wrong whose redress is damages; it is as a result of negligence or simply failure of the other party to exercise due care and diligence. Just is the rule with these types of cases they only feature a person and another, one who perpetrates the damages defendant and the other who suffers as a result plaintiff.
The reforms on this have been a heated debate in the USA that has seen advocates make multiple proposals some that seek to limit filling of claims others to regulate the level of damages and so on. To examine this prolonged debate there will be need to analyze several articles that have contributed to this topic s we explore the credibility and authenticity of the information contained in them.
1. Tort reform important to US future article by Lou Dobbs.
In this article the writer examines the level of damages paid out by the courts on annual bases in the US. He writes that the total amount paid out is equal to 2% of the entire budget of the United States which puts this amount to about $200 billion. This makes it the highest in the world and in fact is thrice the total amount paid out in the entire of Europe.
On reforms the writer seconds the Bush administration which suggests that there is need to limit the awards accorded by the jury especially in most medical mal practices. Further to this he suggests a reform on the amount the lawyers are supposed to get after successful presentations of the plaintiff which should not exceed 40% of the total amount awarded to the plaintiff. (Dobbs 2005).
The information presented by the writer is reliable especially the figures which can be confirmed from other sources. The issues raised are also genuine as thy have an effect on the economy of the country and raises a doubt on the attractiveness of the business environment in terms of legal environment.
2. Tort law for paralegals book by Guag, G and Cummins, R
In this book the two writers who are lawyers address the nature of the Tort law and offer a guide to paralegals on handling cases on Torts. Besides the guide they offer their view on certain reforms that need to be addressed to ensure that all parties that is the legal personnel, the plaintiff and the accused have their concerns addressed. They especially address the need to have the jury system scrapped and only have the judge to hear these cases. This they say is because the jurists act more on sympathy than on the legal basis and they lack the legal backing to make objective rulings. (Guag et al 2009).
I would say the information provided is reliable; the writers having been in the field for long are bound to have acquired enough knowledge to inform their argument. The issues raised are authentic as they represent the concerns of many practicing lawyers as well as business people who face these rulings.
3. Tort Reform-Philip Morris Company
The first article to examine on tort reform is the one written on the sustained struggle of the tobacco firm Philip Morris that sought o alter the justice system to reduce the number of cases that sought redress after using the company’s product. This struggle by the company was evident in the early 1990’s where the company is said to have made major budget allocations towards this reform. The company besides the budget hired renowned law firm to spear head the reforms, they hired Covington and Burling. The company also hired an international public
relations firm Apco Associates to form grass root groups that would seek to oppose the idea of individuals seeking damages as a result of using the company products.
These imaginary groups called against abuse of law, this was more meant to dismiss those who sought redress as abusers of law. The company got other companies to support it such as the pharmaceutical companies and chemical companies who had suffered in the past due to users of their products seeking damages.
The information provided in the article is not credible as these individuals sought to misguide the people for their own good. The information cannot be relied upon to steer favorable reforms as it is directed to benefit only one party which is the manufacturers living the citizens to suffer.
4. Tort reform by contract book by Rubin Paul
In this book the writer advocates for reforms in the civil law, but according to him these reforms should be as a result of consultations by the parties who are bound to be subject to these reforms.
These parties include all those who will be affected by the reforms, these include the legal personnel, the citizens who are to air their views through the public advocates and finally the corporate especially the multinationals. (Rubin 1993).
This book is more of a guideline than a specific reform address. The information provided on the need for reform is genuine and the book also passes the reliability tests as most of the
postulates have been followed in achieving the minimal reforms as per now.
5. Judge and Jury: American Tort Law on trial book by Helland, E and Tabbarok, A.
In this book the writers examine the ability of the two that is the Judge and the Jury to pass credible tort verdicts. The choice of this book is inspired by previous concerns raised in the book Tort law for paralegals by Cummins and Guag on quality of Jury decisions.
The writer recommends that the reforms in the tort should be aimed at having the judge pass the tort cases and reward the damages such as is the system in Europe. This would limit the amounts paid out as damages as research says that jurists award exorbitant amounts which to some extent are uncalled for and uninformed. (Helland et al 2006).
The information passes both the reliability and authenticity tests as it addresses concerns by all parties and the sources of information and facts can be traced and confirmed as factual.
Dobbs, L. (2005). Tort reform important to U.S. future, http://www.cnn.com/2005/US/01/06/tort.
reform/index.html Retrieved October 10, 2009.
Guay, G and Cummins, R. (2009). Tort law for paralegals, Prentice Hall.
Helland, E and Tabarrok, A. (2006). Judge and Jury: American Tort law on trial, Independent Institute.
Rubin, P (1993). Tort Reform by contract, American enterprise institute press.
Tort reform (2000). http://www.sourcewatch.org/index.php?title=Tort_reform Retrieved October 10, 2009.
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