Because Ohari’s produces more of a variety of coffee in a smaller volume, they would most likely use a batch process system. A batch process system is classified under an intermittent process, meaning it has a lower volume but produces more products (in small lot sizes).…
The problem with punitive damages is that there is little to no consistency in the application or review and very often these are awards are reduced once they reach the appellant level. (Kubasek et al.,2009) The Legal Environment of Business A Critical Thinking Approach, also references how the public perceives punitive damages. Due to the way in which the media covers these types of cases, the public is left with the thought that the court system is essentially throwing away money by awarding excessive amounts to plaintiffs that may not necessarily deserve it, based on the facts of their case. This perception has been used as the basis for proposing tort reform among many politicians. (Kubasek et al.,2009)…
The Dustin Soldano v. Howard O’Daniels case models the common dispute between negligence and a party’s responsibility in an event. Likewise, chapter 1 of the Legal Environment textbook features Kuehn v. Pub Zone, a case that demonstrates a different scenario but the same battle of negligence and liability. The commonalities between the two cases support one another in the demonstration of the judges’ decisions as well as contribute to later common law.…
For each legal issue the film provided a case or story in order for the viewer to better understand the situations at hand. The first case provided was the case of Stella Liebeck v. McDonald’s, the case of the hot coffee. Mrs. Liebeck’s family thoroughly and genuinely explain the case, differing in facts and tone from the media and tort reform…
Legal fame may arise from great accomplishments, while other names become known for the issues for which they stand upon, like Rosa Parks, Roe and Miranda. For my first paper, the event that I felt influenced and changed the foundation and helped structure the American Legal History was the famous 1928 civil case Palsgraf V. Long Island Railroad Co. (248 N.Y. 339; 162 N.E. 99; Courts of Appeals New York (1928) The unique facts of the case created a need for a new application of the generally accepted theory that “negligence is the absence of care, according to the circumstances of the case”. (Benjamin Cardozo, 1928 N.Y. Lexis 1269; 59 A.L.R 1253). The famous accident occurred at the Queen’s Jamaica Station on the morning of Aug. 24, 1924. According to New York Times, 1924 Helen Palsgraf was standing on the platform waiting for a train just like the other passengers were, another passenger was running to catch a train that was departing. As the man jumped to catch the train, employees’ from the LIRR were trying to help him, when the package he was carrying fell to the rails. As a result of helping the man, the package exploded causing scales to fall on and injure passengers waiting for their train. The package which contained fireworks caused an explosion in which Mrs. Palsgraf and many others were injured, she later then sued the Long Island Railroad and won. The key point of the case that I felt changed the American Legal history was the opinions and different out looks each judge had toward the case. Later on these out looks would change history and the history of Tort Law. Judge Cardozo set a theory of duty and proximate causation that became the law of the state of New York, then eventually the law of the country. He wrote that the railroad was not liable, because the injury was unforeseeable.…
While researching a growing number of career potentials in the field of criminal justice, one sticks out more than the others. The field of practicing law and being a lawyer certainly created more interest than some of the others. An attorney has an interesting job, and the side of the law he/she chooses to practice proposes different ethical situations that would create potential dilemmas in everyday situations. Attorneys are people that are sometimes charged with the way other people’s lives are affected. With so many different areas of law to study, this paper will address the field of a defense attorney.…
In the society we live in, it has become increasingly popular and more common to sue. Whether we see it in the media, talk about it amongst ourselves, or are actually the ones doing the suing, (or being sued) we deal with lawsuits every day. Now, we've all heard the story about the grandmother who spilled hot coffee on herself and successfully sued McDonald's for nearly $2.9 million, or the man who sued Winnebago and won $1.75 million after crashing his motor home off the freeway. But few of us ever question what these and all the other outrageous rewards for senseless lawsuits do to the economy. Have we ever wondered if they have a negative effect? Have we asked ourselves how they impact us, as consumers? Have we asked how they impact American…
"Analysis of the Media 's Influence on the Jury." Justice for America. N.p., 2 Nov. 2007. Web. 2…
Middleton, M. (1982). Should judges blow the whistle on lawyers? American Bar Association Journal, 68(10), 1207.…
What makes this case standout is that it is such a high profile investigation, where Judicial Rhetoric is in used. Since it is fairly recent event not a ton of research has been done on this topic; which is partly why I chose it. Along with the fact that I’m generally curious about rhetoric used by lawyers.…
Grimes, J. N. (2010 January-December). The social construction of social problems: "Three Strikes and You 're Out" in the mass media. Journal of Criminal Justice and Law, 2(1-2), 39-56. doi:Ebscohost database…
Alan M. Dershowitz’s (1983) legal memoir The Best Defense reveals most lawyers and judges would rather win than expose the truth. As a law professor, Dershowitz (1983) recognized students, journalists, instructors and other non-lawyers were often “outsiders” (“Introduction,” xiii) because they studied, wrote, taught, or read about the law, but they rarely had the opportunity to understand the law from judicial perspectives. On the other hand, as an appellate attorney, Dershowitz understood the law and how it operated within courtrooms, so he was able to reveal the prevalent dishonesty of judges, prosecutors, defense attorneys, and guilty defendants because it is the dishonesty that is usually kept…
As American citizens we do it everyday: we see something wrong and form ideas of suing. Whether our intentions are resolute or passive, the simple gesture itself poses a series of questions for why Americans find the courtrooms a haven to the solutions for their troubles. Although our forefathers didn't plan on suits like suing McDonalds for serving hot coffee or causing obesity in children in America, they did create a judicial system that was easily accessible and fair. If examining the root of the problem, we must look back over 200 years ago, when our forefathers envisioned a country with justice and equality, without the idea of abusing the legal system with the intention of financial betterment in mind. In fact, over the past 50 years, America has resorted to the legal system with that exact intention. A major gateway to this broad social change occurred when congress passed the Civil Rights Act of 1964. This era, known as the "due process revolution," was when lawyers won criminal defendants the right to a lawyer and a hearing (Jost). The aged and disabled began fighting for their rights, and eventually employees in the workplace caught on to the courtroom trend…
In the past several years, the focus surrounding tort law has grown significantly. Why all the attention? Most people say it is because of the increase insurance liability and the recent up rise in ridiculous lawsuits. One of the most recognizable suits out there is the infamous “McDonald’s Hot Coffee” Lawsuit. This well known lawsuit sparked controversy and propelled tort law into the public eye. The term tort is defined as “Damage, injury, or a wrongful act done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought” (thefreedictionary.com). While there has been plenty of attention regarding tort law, there has been just as much attention focused on tort reform. “Tort reform is a movement to reshape the way consumers can access the courts by restricting their right to sue and limiting the awards they could receive” (Crane).…
The lawsuit ended with Stella Liebeck’s injuries meriting an award of $200,000 compensatory damages; however that award was reduced proportionately to $160,000. The jury also awarded Ms. Liebeck $2.7 million in punitive damages, but because it was allegedly a fraudulent lawsuit, it was reduced by the trial court to $480,000 and stated that McDonald’s engaged in “willful, reckless, malicious, or wanton conduct”. Although this was a reasonable lawsuit, it was occurring when tort reform was gaining speed in the public eye, and was used in different means in the communities to help grow the idea of frivolous lawsuits.…