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Essay / Research Paper Abstract
A 5 page research paper that discusses 2 questions. The first question is What effect might the American and English rules (pertaining to tort law) have on the willingness of people to assert their rights through litigation? and the second question is How does the First Amendment right to petition for redress of grievances bear on the choice between the American and English rules? Bibliography lists 7 sources.
Page Count:
5 pages (~225 words per page)
File: D0_khfatluk.rtf
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litigation? Michael Hausfeld is a Washington attorney who working diligently to export American-style litigation tactics, such as "contingency feeds and class actions," to countries such as Great Britain
and India (Freedman, 2004). However, it is debatable that bringing the litigious nature of American society to other countries is warranted in order to protect the rights of the public.
Corporate America pictures the prevalence of lawsuits in the U.S. legal system as a demon that raises the "price of cars, drives obstetricians out of work and effectively taxes all
Americans standard of living" (France, Woeller and Mandel, 2005, p. 70). Corporate leaders, such as Thomas A. Gottschalk, executive VP for law and public policy at General Motors, would like
to see the US borrow the British concept that the "losers of lawsuits pay for the winners expenses" (France, Woeller and Mandel, 2005, p. 70). The idea being that if
plaintiffs faced paying huge amounts in legal fees if they lost, it would cut down on the number of frivolous lawsuits. However, while certainly frivolous lawsuits do exist, this
position overlooks the fact that the vast majority of lawsuits that have occurred over the last hundred years in the US have sought to rectify very real grievances. Modern tort
law began with the injustices incurred by the public due to the Industrial Revolution (France, Woeller and Mandel, 2005). Until 1916, consumers were not allowed to sue manufacturers, only distributors
of defective goods. If a consumer was poisoned by canned food or a factory worker lost his arm, both were generally out of luck in regard to receiving compensation from
those responsible. The system that evolved over decades is one in which manufacturers became faced with "a financial incentive to improve the safety of their products" (France, Woeller and Mandel,
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