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Tort Bench And Jury Trials In State Courts 2005
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Book Synopsis Tort Bench and Jury Trials in State Courts (2005) by : Thomas H. Cohen
Download or read book Tort Bench and Jury Trials in State Courts (2005) written by Thomas H. Cohen and published by DIANE Publishing. This book was released on 2010-09 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses tort cases concluded by a bench or jury trial in a national sample of jurisdictions in 2005. Topics include: the types of tort cases that proceed to trial, the differences between tort cases adjudicated by judges and juries, and the types of plaintiffs and defendants represented in tort trials. Also covers plaintiff win rates, punitive damages, and the final award amounts generated in tort trial litigation. Trends are examined in tort trial litigation in the nation¿s 75 most populous counties. The report showed that together, bench and jury trials accounted for an estimated 4% of all tort dispositions in 2005. Punitive damages were sought in 9% of tort trials with plaintiff winners. The median punitive damage award was $55,000. Charts and tables.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Jury Trial Innovations by : G. T. Munsterman
Download or read book Jury Trial Innovations written by G. T. Munsterman and published by . This book was released on 1997 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Medical Malpractice Litigation by : Bernard S. Black
Download or read book Medical Malpractice Litigation written by Bernard S. Black and published by Cato Institute. This book was released on 2021-04-27 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Drawing on an unusually rich trove of data, the authors have refuted more politically convenient myths in one book than most academics do in a lifetime." —Nicholas Bagley, professor of law, University of Michigan Law School "Synthesizing decades of their own and others’ research on medical liability, the authors unravel what we know and don’t know about our medical malpractice system, why neither patients nor doctors are being rightly served, and what economics can teach us about the path forward." —Anupam B. Jena, Harvard Medical School Over the past 50 years, the United States experienced three major medical malpractice crises, each marked by dramatic increases in the cost of malpractice liability insurance. These crises fostered a vigorous politicized debate about the causes of the premium spikes, and the impact on access to care and defensive medicine. State legislatures responded to the premium spikes by enacting damages caps on non-economic, punitive, or total damages and Congress has periodically debated the merits of a federal cap on damages. However, the intense political debate has been marked by a shortage of evidence, as well as misstatements and overclaiming. The public is confused about answers to some basic questions. What caused the premium spikes? What effect did tort reform actually have? Did tort reform reduce frivolous litigation? Did tort reform actually improve access to health care or reduce defensive medicine? Both sides in the debate have strong opinions about these matters, but their positions are mostly talking points or are based on anecdotes. Medical Malpractice Litigation provides factual answers to these and other questions about the performance of the med mal system. The authors, all experts in the field and from across the political spectrum, provide an accessible, fact-based response to the questions ordinary Americans and policymakers have about the performance of the med mal litigation system.
Download or read book The American Jury written by Harry Kalven and published by . This book was released on 1966 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book American Juries written by Neil Vidmar and published by Prometheus Books. This book was released on 2009-09-25 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monumental and comprehensive volume reviews more than 50 years of empirical research on civil and criminal juries and returns a verdict that strongly supports the jury system.
Book Synopsis Research Handbook on the Economics of Torts by : Jennifer Arlen
Download or read book Research Handbook on the Economics of Torts written by Jennifer Arlen and published by Edward Elgar Publishing. This book was released on 2013-11-29 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on issues of vital importance to those seeking to understand and reform the tort system, this volume takes a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral anal
Book Synopsis Civil Jury Cases and Verdicts in Large Counties by : Carol J. DeFrances
Download or read book Civil Jury Cases and Verdicts in Large Counties written by Carol J. DeFrances and published by . This book was released on 1995 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Road Traffic Liability in China by : Yu Yan
Download or read book Road Traffic Liability in China written by Yu Yan and published by BRILL. This book was released on 2019-11-11 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Road Traffic Liability in China: A View from Law and Economics, Yu Yan provides an in-depth analysis of the Chinese road traffic liability system, as well as other alternative accident prevention schemes from a view of law and economics. The analysis refers to the functioning of the system both on paper and in practice. The conclusion shows that the current Chinese traffic liability system can only achieve partial deterrence, and that the problems of under-compensation and insufficient risk-spreading seem to be serious, at least in the economically underdeveloped regions. Based on these findings, Yu Yan suggests specific legislative changes to be taken for the policymakers to improve the system.
Book Synopsis The Myth of the Litigious Society by : David M. Engel
Download or read book The Myth of the Litigious Society written by David M. Engel and published by University of Chicago Press. This book was released on 2016-09-16 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do Americans seem to sue at the slightest provocation? The answer may surprise you: we don’t! For every “Whiplash Charlie” who sees a car accident as a chance to make millions, for every McDonald’s customer to pursue a claim over a too-hot cup of coffee, many more Americans suffer injuries but make no claims against those responsible or their insurance companies. The question is not why Americans sue but why we don’t sue more often, and the answer can be found in how we think about injury and personal responsibility. With this book, David M. Engel demolishes the myth that America is a litigious society. The sobering reality is that the vast majority of injury victims—more than nine out of ten—rely on their own resources, family and friends, and government programs to cover their losses. When real people experience serious injuries, they don’t respond as rational actors. Trauma and pain disrupt their thoughts, and potential claims are discouraged by negative stereotypes that pervade American television and popular culture. (Think Saul Goodman in Breaking Bad, who keeps a box of neck braces in his office to help clients exaggerate their injuries.) Cultural norms make preventable injuries appear inevitable—or the victim’s fault. We’re taught to accept setbacks stoically and not blame someone else. But this tendency to “lump it” doesn’t just hurt the victims; it hurts us all. As politicians continue to push reforms that miss the real problem, we risk losing these claims as a way to quickly identify unsafe products and practices. Because injuries disproportionately fall on people with fewer resources, the existing framework creates a social underclass whose needs must be met by government programs all citizens shoulder while shielding those who cause the harm. It’s time for America to have a more responsible, blame-free discussion about injuries and the law. With The Myth of the Litigious Society, Engel takes readers clearly and powerfully through what we really know about injury victims and concludes with recommendations for how we might improve the situation.
Book Synopsis White-Collar Crime by : Brian K. Payne
Download or read book White-Collar Crime written by Brian K. Payne and published by SAGE Publications. This book was released on 2021-06-30 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: Updated with an exciting new chapter on political crime that highlights the debated connections between crime and politics, the Third Edition of White-Collar Crime: A Systems Approach provides students with a comprehensive introduction to the most important topics within white-collar crime. Brian K. Payne provides a theoretical framework and context for students to explore white-collar crime as a crime problem, a criminal justice problem, and a social problem. By introducing the topics within a systems-focused framework, Payne encourages students to examine the many types of white-collar crime as well as the various systems for responding to white-collar crime. Included with this text The online resources for your text are available via the password-protected Instructor Resource Site.
Book Synopsis Open Judicial Politics by : Rorie Spill Solberg
Download or read book Open Judicial Politics written by Rorie Spill Solberg and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis White-Collar Crime: The Essentials by : Brian K. Payne
Download or read book White-Collar Crime: The Essentials written by Brian K. Payne and published by SAGE. This book was released on 2012-03-15 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: White Collar Crime: The Essentials is a comprehensive, yet compact text addresses the most important topics in white collar crime, while allowing for more accessibility through cost. Author Brian Payne provides a theoretical framework and context for students and explores such timely topics as crimes by workers sales oriented systems, crimes in the health care system, crimes by criminal justice professionals and politicians, crimes in the educational system, crimes in the economic and technological systems, corporate crime, environmental crime, and others. This is an easily-supplemented resource for any course that covers white collar crime.
Download or read book Lawyer Barons written by Lester Brickman and published by Cambridge University Press. This book was released on 2011-01-31 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a broad and deep inquiry into how contingency fees distort our civil justice system, influence our political system and endanger democratic governance. Contingency fees are the way personal injury lawyers finance access to the courts for those wrongfully injured. Although the public senses that lawyers manipulate the justice system to serve their own ends, few are aware of the high costs that come with contingency fees. This book sets out to change that, providing a window into the seamy underworld of contingency fees that the bar and the courts not only tolerate but even protect and nurture. Contrary to a broad academic consensus, the book argues that the financial incentives for lawyers to litigate are so inordinately high that they perversely impact our civil justice system and impose other unconscionable costs. It thus presents the intellectual architecture that underpins all tort reform efforts.
Book Synopsis The Psychology of Tort Law by : Jennifer K Robbennolt
Download or read book The Psychology of Tort Law written by Jennifer K Robbennolt and published by NYU Press. This book was released on 2016-01-01 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversy—most visibly in political debates over tort reform. The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision-making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law. Robbennolt and Hans here shed fascinating light on the tort system, and on the psychological dynamics which undergird its functioning.
Book Synopsis Modern American Remedies by : Douglas Laycock
Download or read book Modern American Remedies written by Douglas Laycock and published by Aspen Publishing. This book was released on 2018-12-01 with total page 1389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern American Remedies: Cases and Materials, Concise Fifth Edition is highly respected for its original and logical conceptual framework, comprehensive coverage, excellent case selection, and authoritative and well-written notes. Following the same organization, scope of coverage, and daily units as the unabridged Fifth Edition, the streamlined Concise Edition features tightly focused notes that emphasize basic principles and central points, with fewer collateral issues. The text achieves a balance of public and private law, and teaches and critiques the basics of economic analysis as applied to remedies issues. New to the Concise Fifth Edition: New co-author Richard L. Hasen, author of Remedies: Examples and Explanations, a problem-based study guide and secondary adoptable for the casebook. Key legal developments through the Supreme Court’s June 2018 decisions, including: litigation surrounding President Trump’s travel ban Updated material on cy-pres settlements in anticipation of Frank v. Gaos, the new Supreme Court case involving Google Recent case law regarding the Third Restatement’s approach to unjust enrichment New, updated, or expanded notes on current issues, such as: The rise of nationwide injunctions in challenges to federal policy Disputes over the scope of qualified immunity rules for government officials, especially police officers Presidential liability A new drafting assignment involving an injunction in a case of same-sex harassment in employment New principal cases: Commercial Real Estate Investment v. Comcast of Utah, on new approaches to liquidated damages Sunnyland Farms v. Central New Mexico Electric Coop, on proximate cause in tort and contract Brown v. Plata, on structural injunctions and reform of prisons Lord & Taylor v. White Flint, on specific performance of long term contracts Armstrong v. Exceptional Child Center, on implied rights of action and the federal equity power Bonina v. Sheppard, on measuring restitution from innocent defendants In re Hypnotic Taxi LLC, on the standards for pre-judgment attachments James v. National Financial, LLC, on unconscionability in consumer contracts Arizona Libertarian Party v. Reagan, on laches in election cases Professors and students will benefit from: Strong conceptual organization based on remedies categories with daily teaching units of roughly equal length and clear central themes Appropriate balance of public and private law Highly teachable and memorable cases, well edited and supported by informative and authoritative notes to facilitate class discussion and support case analysis Coverage and critique of basic law and economics as applied to key remedies issues
Book Synopsis When Lawyers Screw Up by : Herbert Kritzer
Download or read book When Lawyers Screw Up written by Herbert Kritzer and published by University Press of Kansas. This book was released on 2018-03-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unhappy clients bring thousands of legal malpractice claims every year, against mega law firms and solo practitioners, for simple errors or egregious misconduct, and for losses than can reach $100 million or more. This in an industry, legal services, generating nearly $300 billion a year in revenue and touching every facet of American society. Yet, scant if any scholarly attention has been paid to the questions and consequences of lawyers' professional liability. This book is the first to fully explore the mistakes lawyers sometimes make, the nature of these mistakes, the harm they do, and the significant disparities in outcomes for corporate and individual victims of lawyers' errors. A systematic, empirical study of legal malpractice, When Lawyers Screw Up employs both quantitative and qualitative methods to examine the frequency and nature of claims, the area of practice producing them, the amounts at stake, and the resolutions. The authors also use a range of data sources to study the frequency and outcomes of legal malpractice trials, whether bench or jury. Their comparison of legal malpractice cases involving the corporate and personal service sectors reveal the difficulties confronting claims coming from the personal sector—difficulties that often deny victims redress, even when they have suffered significant harm. When Lawyers Screw Up draws on a series of interviews to describe the practices of lawyers with expertise in handling legal malpractice claims, even as it notes how few such experts are available to prosecute these claims. In light of their findings, the authors suggest a range of reforms that would help victims of legal malpractice, particularly individuals and small businesses, in pursuing their claims.
