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Team 3 Discussion: The American Rule Pros and Cons
The "American Rule" for lawsuit costs and fees requires each party to pay its own attorney fees regardless of whether they win or lose. The "English Rule", which is used most everywhere else in the world, requires that the loser pay for the winner's fees as well as their own. Is one system better than the other? Let us briefly discuss a few of the pros and cons of the "American Rule" of lawsuit costs and attorney fees payment system.
CON
The "American Rule" invites frivolous lawsuits and creates a bottleneck in the legal system. Because there is no substantial disincentive to file a lawsuit people at large find just about any reason to sue, especially businesses whom are presumed to
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have deep pockets and in some cases are willing to pay a settlement to stay out of court. A 2016 report issued by the American Tort Reform Foundation named California as the nation's No. 1 "judicial hellhole" when it comes to endless and frivolous lawsuits. (Los Angeles Daily News, February 9, 2016.) The resulting impact of frivolous lawsuits in America makes the United States the world's costliest legal system. "As a percentage of our economy, U.S. legal liability costs are double those of the UK, three times higher than those in France and five times higher than those in Japan." (U.S. Chamber of Commerce; Lawsuit Abuse Impact.) PRO The American System is fair and allows parties in good faith to seek just and reasonable restitution regardless of the outcome.
Moreover, "Many of these parties are seeking to enforce fundamental rights given them by Congress such as workplace, labor or civil rights which they often test in court proceedings." (New Talk; Would "looser pays" eliminate frivolous lawsuits and defenses?"; 2008) Additionally, the American Rule leaves the lawyer's fees to be freely bargained between the lawyer and his client. Whereas if a client feels that she stands, for whatever reason, a better chance of winning her suit by contracting the services of a high price lawyer of her choice she then has the freedom to do that. As John Fabian Witt, Professor of Law at Yale Law School explains "As soon as you adopt the English rule of loser-pays, then courts will have to monitor and rule on the reasonableness of those fees." Under the English rule the defendant may spend a large sum of money in court in a victory only to have their legal fees deemed "unreasonable" by the court leaving them to pay the bill. You might win the lawsuit but you still loose. Finally, from a business perspective; under the English Rule the idea of becoming a lawyer and opening a practice seems a lot less lucrative and somewhat riskier than opening a practice under the American Rule legal fee payment
system. CONCLUSION The fairness of the American Rule is a matter perspective; as a defendant it feels unfair that you are having to spend money on lawyer fees to defend yourself from in an unsubstantiated suit. Conversely, one person's frivolous lawsuit can be another's good faith but intimately unsuccessful suit. Authors Theodore Eisenberg and Geoffrey P. Miller sum up the debate between the "American Rule" versus the "English Rule" of attorney compensation nicely in their 2013 Cornell Law Review article by writing "Rules on attorney compensation have stimulated an animated policy debate-a dialogue characterized in the political arena more by the intensity of the views expressed than by convincing arguments for any particular arrangement. Many researchers have also addressed attorney compensation from a theoretical perspective. But despite decades of investigation, no consensus has emerged. The question remains: which rule specifies the efficient arrangement for compensating counsel?" (Eisenberg, Miller; Cornell Law Review, January 2013.) WORKS CITED Eisenberg, Theodore, and Geoffrey Miller. The English Versus the American Rule on Attorney Fees: An Empirical Study of Public Company Contracts. Jan. 2013, scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=3261&context=clr. "Discussion; Would 'Loser Pays' Eliminate Frivolous Lawsuits or Defenses?" Would "Loser Pays" Eliminate Frivolous Lawsuits and Defenses? - NewTalk, 19 Aug. 2008, newtalk.org/2008/08/would-loser-pays-eliminate-fri.php. Marino, Maryann. "California Remains Nation's Capital of Frivolous Lawsuits: Guest Commentary." Daily News, Daily News, 28 Aug. 2017, www.dailynews.com/2016/02/09/california-remains-nations-capital-of-frivolous-lawsuits-guest-commentary/. "Lawsuit Abuse Impact." Lawsuit Abuse Impact | Institute for Legal Reform, www.instituteforlegalreform.com/issues/lawsuit-abuse-impact.
Apart from Antitrust laws, there are several other laws that promote fair business practices. The Robinson-Patman Act prohibits price discrimination. This act ...
The American Revolution refers to a series of events and ideas in the latter half of the eighteenth century. That led the colonization of the thirteen states of North America spread from the British. It 's the creation of the United States of America. The two bourgeois revolutions in the United States are the adjustment of the superstructure to suit the development of the economic base. Including the American War of Independence and the Civil War, in the post-war, to some degree, it solves the social contradictions and class contradictions, to achieve national independence and national market unity.
Is there a constitutional right to burn the American flag? In Dallas, Texas there was a Republican Party for President Ronald Reagan as a re-nominated candidate for president. But the protesters were not so happy about the policies of the Reagan administration. Through the streets of Dallas protesters marched, causing damage to property. One protester named Gregory Lee Johnson doused an American Flag in kerosene and set it on fire. In Texas, desecrating an American Flag was a criminal offense. Johnson was arrested and charged with violating the Texas flag desecration law, so the U.S Supreme Court agreed to hear the case. We of the Majority opinion believe that there is a conclude that such conduct does not merit First Amendment protection also the flag itself may be used as a symbol, only in one direction which is the country, and it doesn’t matter if the flag has a deeply symbolic value.
When one thinks of imperialism they often refer to the concept with very strong feelings. The general population will either agree with it or disagree. There tends to be no middle ground. The best way to look at imperialism is with an impartial mind. If one looks at imperialism with an open mind then they are able to see both the strengths and the weaknesses that it harbors. Throughout history one is most likely able to name several circumstances where imperialism took place and also point out the obvious aftermath of. Imperialism tends to have a greater good behind it, but unfortunately may have been executed poorly.
During the 1700’s, one of the most discussed topics, was the kind of government that should be incorporated into each state. Several men with skeptical beliefs and contradicting ideas, led to many (indirect) disputes about which route should be taken. Virginia and Pennsylvania’s constitutions were a hot topic during the era, they stimulated an intriguing matter amongst many politicians. From Thomas Paine to Carter Braxton’s writings, each individual had an important role arguing and making claims toward the type of government they found to be the most effective. Virginia’s constitution was considered to be a mixed government, while Pennsylvania’s constitution was a simple government. Each structure had men who praised it and men who critiqued it. Through their writings we find many pros and cons for each style of governing, as well as the different theories each individual had when it came to structuring a state’s constitution. We also gain an insight of what possible concerns came about during the time and what solutions they offered, if any were offered at all.
The U.S. Constitution was written with a great vision to create a strong nation. Unlike the Articles of Confederation, the Constitution is a very well organized and well thought out document that holds a strong bases for the future of America. It was September 17, 1787 that the Constitution was created, just a few years after we broke away from England’s control. In 1777, America’s government operated under the Articles of Confederation. This allowed states to operate independently like little countries. America’s government was weak because people were afraid of the government having too much power.
In the 1600’s there was the foundations of representative government. In the 1600’s the colonists came up with something called a democracy. A democracy is a government in which people rule themselves. The colonists had voted for many certain laws. They ruled themselves by using the laws of society. The carter named “Magna Carta” was a character of liberties which was agreed by King John of England, it had made the king obey the same laws as the citizens. Protestantism is a branch within Christianity; this was mostly participated during the 16th century. These were people who had reformed certain practices in the Catholic churches. On November 11, 1620 the Mayflower Compact was signed. The Mayflower Compact is a legal contract which was agreed to have fair laws to protect the good.
“Don’t fire unless fired on. But if they mean to have war, let it begin here”(John Parker). My fellow colonists, we are here to talk about about the problem facing our colonies. The dilemma we are here to discuss is the Patriots trying to leave Britain’s rule. British government has done nothing wrong. The Patriots are completely overreacting, and The Sons of Liberty have taken this to an extreme. It is not a tremendous deal that Britain has taxed us, we should help our mother country climb out of its debt. In all of the battles our king has participated in, they have been trying to protect us, and it would not be smart to flee from their protection. My fellow colonists, if we go to war with our motherland, we shall lose the ability to protect ourselves from other lands and rivaling armies, our economy shall fail, and the cost the war shall be devastating.
Citizenship is the fiber that unites all Americans. We are a nation connected not by race or religion, but by shared values of freedom, liberty, and equality. What does that exactly signify to the average American citizen? It indicates that several of us, including myself, have not only expressed several of our rights such as freedom to express ourselves, freedom to worship as we wish, voting in elections, serving on a jury or purchasing or owning a firearm but we aspire to protect those rights.
At a glance Imperialism is seen as a horrendous practice that many European nations practiced at the turn of the century. With Britain at the top and many other nations coming up behind them Imperialism seemed to be the way to go. But why would such a practice that involved exploiting the natives and harming both the land and people be so appealing to the public? The profits offered by Politicians and Officials hid the truth behind Imperialism, swaying the opinion in favor of money, goods, and a sense of moral duty. Imperialism was a great example of ‘a wolf in sheep’s clothing’, its promise of greatness for everyone involved outweighed the hardships many endured from it. The pros and cons of Imperialism
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
Having evaluated the current state of English contract law, mainly made up of piecemeal solutions, it can be seen that despite being satisfactory and doing its job, there still remain gaps within the law of contract where unfairness is not dealt with. Moreover, due to the ad hoc nature of those piecemeal solutions, the latter have often produced inconsistent justice and have manifested cases of unfairness. Hence, “a relatively small number of respected Justices have endeavored to draw attention to the fact that the application of a general principle might be useful and even necessary in English law.”
In order to analyze our “sue happy” society one must first find out, what actually is a lawsuit? A lawsuit is a legal action brought by a plaintiff, a person who claims to have been wronged, against a defendant, the person being sued. If a judge decides that a case has enough evidence to go to trial then the verdict may be decided by either a judge or a jury. Yet, 90 percent of cases reach a settlement out of court. (Cannell)
Today the American education system is no longer the best in the world. With declining test scores and poor academic achievement, people have questioned whether our current education is working for us? In Asian countries, the situation is totally different. Student in Asian countries achieve higher academic achievements, and they rank at the top on math and science tests. If their educational system is better than the U.S system, should we adopt their education system or not? As the article of “Trouble with Talent” by Kathy Seal’s opinion, she agrees America should adopt Asian education system and should belief in work hard and mentality. It would make American education system improve and Students can get higher scores. Is that the reason
American Democracy 4 "It violates the essence of what made America a great country in its political system. Now it is just an oligarchy with unlimited political bribery being the essence of getting the nominations for president or being elected president. In addition, the same thing applies to governors, and U.S. Senators and congress members. Therefore, now we have just seen a subversion of our political system as a payoff to major contributors, who want, expect and sometimes get favours for themselves after the election is over.