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November 2017 Archives

Origins And Benefits Of The Tort System In America

Most people learned in Civics 101 that the Constitution places limits on the power of the government. Providing a monarch, or dictator, with ultimate authority to decide issues in governing a country eliminates the possibility of individual freedoms. Moreover, the Constitution creates significant checks and balances on each branch of the government to protect individual liberty.  Having access to the courts – and juries --to address civil disputes did not originate on this continent. Scholars indicate that juries developed in early civilizations. However, many agree that the direct roots of the American jury system arose in England in the Twelfth century.

Understanding tort reform and its potential consequences, Part 3

We have discussed the issue of tort reform in a variety of ways. Unfortunately tort reform has become a recurring topic that males it into the public debate without any significant premise for its need. Concerns over health care costs, the potential for so-called frivolous lawsuits and a fear of a possible runaway jury are frequently the pegs that reformers rely on to argue to limit the constitutional rights of injury victims, while immunizing negligent actors from liability for the catastrophic harms they cause.

Understanding tort reform and its potential consequences, Part 2

Researchers generally recognize three waves of tort reform. The most recent wave occurred between 2002 and 2005. Nine states across the country enacted laws to cap damages in medical malpractice cases. Then, as now, proponents of plans to immunize medical professionals from being held liable for their negligence have claimed that tort reform is necessary to promote good health.

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