Frivolous Lawsuits :: Argumentative Persuasive Argument Essays

Frivolous Lawsuits As children our parents tested to instill in all of us good moral thought and common sense. However, if I was to open the newspaper I would surely get down any number of articles on the latest frivolous lawsuit, these being point more outrageous than the unrivaleds in yesterdays paper. How have we as a society, which is completely capable of rational thinking, allowed ourselves to become so intertwined in the blaming game? Americans tear about 15 million lawsuits a year. (Cannell) A fourth of all lawsuits filed are either frivolous or fraudulent. Perhaps, the unconcerned point of view about the seriousness of lawsuits is perpetuated by the false theatrical on the many law shows on TV, such as accomplice McBeal and Law and Order, in which the case is neatly rapped up in an hour. In reality most court cases take about 19 months from kickoff to finish. 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 suspect, the person being sued. If a pass judgment decides that a case has enough evidence to go to trial hence the verdict may be decided by either a judge or a jury. Yet, 90 percent of cases reach a settlement out of court. (Cannell) The scary truth about lawsuits is that anyone can file a suit for anything It is for the judge to decide if the case meets two criteria on that point must have been a wrongful act committed and the plaintiff must have suffered. (Cannell) The way in which liability is determined seems to be an irony in itself. The civil law requires people to act with fairish care, meaning not hurting others or damaging property. Also it requires the defendant to do what a reasonable person would have done. (Cannell) However, my question is, if a person is not using a reasonable mind indeed isnt that person i nsane or otherwise mentally incapacitate?