THE BROADER PICTURE OF A GREAT LEGAL SYSTEM







SECTION CODE: 0348


02/19/2004





The U.S. legal system has undergone several gradual changes in development to date. This is mainly due to direct and presumptive influences that restructure certain perspectives on right and wrong, in the effort to attain the fine line of balance termed as justice for all. Sporadic and gradual shifts in societal values on various issues tend to impact the general populous either towards a majority consensus or disagreement. It is very common and natural in the process of evolution that the legal system is going through that justice and inequality shall exist.


A Hooters restaurant in Augusta, GA filed for bankruptcy protection in the wake of a $12 million judgment against it. It all came about when a third party hired by the Hooters restaurant sent out unsolicited fax advertisements to hundreds of people. The restaurants initial tried to have it dismissed on grounds that it was a third party who actually sent the faxes, and that the law only prohibits interstate sending and not single state transmissions as was there case. A Georgia appeals court rejected their argument and the plaintiffs opted to receive statutory damages, which amounted to $4 million.


In 1995 an American Airlines flight from Los Angeles to New York suffered severe turbulence in a thunderstorm, and was sued for $2 million based more on psychological rather than physical damages. The passengers argued that the plane dipped before taking a sharp dive and having to make an emergency landing in Chicago. They say that it was abrupt and sudden as not even the safety belt sign was put on yet the airline had ample warning of the storm. The airlines only defense was only that the turbulence was shorted than the twenty eight seconds of trauma stated.


The Bally Health Club in Torrance was sued by a couple for loss of consortium and emotional distress after the man launched a serious, though temporary, cyberspace romance with a woman he met on the Internet. The couple tried to place the blame on health club because, if the man hadn\'t cut his hand on a towel dispenser there and spent time at home recuperating, he wouldn\'t have had the time at their home computer to start roving.


The U.S. music industry came together at first against a common threat of websites offering a medium for users to swap music files. They managed to shut Napster, a famous music file swapping site down, but incurred a problem with other sites that were not based in the U.S. such as Kazaa. In a desperate attempt to try resolve the situation, they threatened to take legal action against individuals and begun to as of August last year.


It is disappointing to what extent some people will shift liability and capitalize their irresponsibility by attempting to sue for millions of dollars. The first example is an illustration of how a combination of lawyers e.g. ambulance chasers and these individuals that more often than not ignore any responsibility and unfortunately succeed. It only stems to get worse because unscrupulous groups are misusing laws that were implemented for a noble cause.


The second example demonstrates lack of gratitude because despite surviving the weather caused ordeal without any major physical injuries, having safely landed some passengers decided to sue the airlines. One would tend to think that they would be grateful for the pilot’s team evasive maneuvering and airlines standards for having a qualified team of pilots.


Most discouraging is how some people shift all responsibility and blame to other parties, as expressed in my third example. How someone would try and place the blame on an establishment when clearly the root of the matter stems much deeper than, the result of an accident. It is a clear indication of how some of the populous and deeply mistaken about the use of certain legal means such as suits.


Greed is dominant factor in the forth example where by the music industry sues not only new spawning businesses but what may be their potential consumers. By shutting down some of the websites that host music file swapping, and going after individuals for finding alternative sources of music, they not only depict a bad image for themselves but