----- Original Message ----- From: "Russell Chapman" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Sunday, July 14, 2002 7:04 PM Subject: Re: Fw: [Seebergers] Stella Award Candidates
> Robert Seeberger wrote: > > >2 We care a lot more for our rights and freedoms, than for the minimal > >benefits to be gained by giving them up. > > > I can understand that giving up trial by jury would be a difficult thing > for Americans, Yes, I think most people would feel that to be wrong. > but there should be some limitations. I think most Americans would agree. >One simple one is > you shouldn't be able to sue for damages incurred during the commission > of a crime - that's just silly... The problem is getting legislators to do something about it. The fact that a good many of them are lawyers and could benefit under the current rules might have something to do with the slowness of change. >I also don't think punitive damages > should go to the individual, they should only get real damages and > restitution for pain and suffering etc. I'd like to see some discussion along those lines. > > But I have a couple of questions: > 1. Arbitration and Mediation are taking on as optional preliminary steps > prior to a case being heard in many places around the world - is this > widespread in the USA too? Maybe someone can verify this, but I think this is often the way its done here. I know that in divorce cases in Texas mediation is required. > 2. The cases mentioned were old - does the trend for these massive > payouts continue, or is there a more realistic approach occurring now? http://www.snopes.com/legal/lawsuits.htm David provided this link on the Culture list last night. And Dan spoke about the payouts being reduced on appeal in a post this morning. I think both are required reading for a good understanding of how these things actually work. > > Australia is (as usual) following the USA, and our courts are now > handing out stupid payouts left right and centre, causing a massive > crisis in the liability insurance industry, which is now passing this > back to consumers. > I think the cost of litigation is a pretty massive cost center also. xponent Fairly Ignorant Actually Maru rob
