U.S. Legal Systems Test 2

Punitive Damages

Made to teach big companies a lesson for their wrongdoings

Tort Reform

Limit people’s rights to go to court, put caps on damages that companies pay. Developed by President Clinton

Caps on Damages

Strict limit on the amount of money people can get from big companies only helps companies while harming the people by shifting costs from the wrong-doer to the tax payers.

Whats an example of caps on damages?

Colin Gourley’s case, violated the 7th amendment

Economic Damages

Out of pocket costs

Non-economic damages

emotional damages

U.S. Chambers of Commerce

Largest lobbying group, not associated with the government. Group of national businesses

Whats an example of the Chambers of commerce’s power?

Oliver Diaz and pushing him out of office, justice for sale

Tort Tale

Personal injury tale intended to affect your view on the tort system (Ms. Liebeck’s case)

What are some of Kagan’s problems with adversarial legalism?

It’s costly, time-consuming, unpredictable, and unequal

Tort Law

Covers almost everything that criminal law doesn’t, except worker’s compensation

What is the English rule for suing?

Loser pays everyone; deters people from suin

What is the American rule for suing?

Everyone pays their own lawyer

What are the three steps in a legal case?

Naming, blaming, and claiming

Naming

Find who to blame for the situation

Blaming

Blame them for the situation

Claiming

Claiming the winnings from that case after the defendant lost.

What is a complaint

A legal cause of action

What are the steps of a claim?

File, serve, answer/counterclaim, motion to dismiss

What is the shorthand for plaintiff?

The symbol for pi

What is the shorthand for defendant?

The greek letter for Delta

What are damages?

The monetary evaluation of said injury in a claim

What are the 2 types of compensatory damages?

Financial and pain & suffering

What is legalized extortion?

To wear the other side down, to convince them it is not worth the time, effort, or money and to just settle in a deal that most likely wont benefit them

What are the 4 factors that go ino legal reasoning?

Case facts, social background facts, rules, and values

To determine if there is a valid legal claim, you must find

Damages, harm and duty of care

Nonfeasance

Your inaction causes harm

What case is an example of duty of care?

Tarasoff and the Sildano cases

Discouragement Reforms

Things that discourage those from bringing lawsuits, penalizes people who have been harmed

Replacement Reforms

An example of bureacratic legalism and does not involve the court, but limits the amount of money rewarded

Social Insurance

Less lawsuits in Europe due to universal healthcare

Who is civil justice between?

individuals and companies

Civil law covers what types of cases?

Personal disputes (property, real estate, custody, divorce, copyright, immigration, traffic violation, contract law, etc.)

What is an example of extortive legalism?

Johnson v. Johnson, where he left nothing to his kids in his will and everything to his third wife, she ended up settling for $40 million

Common Law

law passed down, newer Judges follow previosu judges’ verdicts

Who makes up the American Tort Reform Association?

Tons of businesses that benefit from it