The purpose of this study was to observe the effects of defendant remorse on monetary damages awarded to a plaintiff in a malpractice case. In two experiments, the physician-defendant expressed remorse at the time of the incident and again at trial, expressed remorse at trial, explicitly demonstrated a lack of remorse at trial, or made no mention of remorse (or a lack thereof). Participants dec...

College students (N = 324) served as mock jurors in a simulated civil case in which a male plaintiff accused a female defendant of sexual harassment. The authors experimentally manipulated the physical attractiveness of the litigants. The authors asked mock jurors to decide whether the defendant was guilty and to rate their certainty of belief in the defendant's guilt (or lack of guilt). Jurors...

I ought perhaps to add one further observation about the litigation of such claims. In a recent case the claim was brought against the surgeon and the sister who had been responsible for the counting of the swabs. I suppose that this was done on the basis that the combined duties of the two of them together covered the whole field of activity, within which any negligence connected with the non-...

The Private Securities Litigation Reform Act of 1995 (the “PSLRA”) reflects an innovative congressional effort to refine securities fraud class actions. In adopting the PSLRA, Congress recognized that although the class action is a valuable tool for increasing plaintiff access to the legal system, its structure presents opportunities for abuse. In particular, collective action problems and smal...

Among the goals of proponents of tort reform is the goal of encouraging outof-court settlement of claims, rather than burdening the court system. Congressional discussions of tort reform have included a proposal aimed at promoting out-of-court settlement by making the party rejecting an offer not improved upon at trial responsible for the other party’s attorney’s fees as well as litigation cost...

This study aims to consider the provisions of role discretion in shifting burden proof civil cases. In fact, and contrary general rule that provides for be plaintiff, we find legislator plays a significant from liability plaintiff his opponent through legal presumption whether being simple or definite. Further, it is also case concerning judge by using discretionary authority deriving judicial ...

INTRODUCTION Paragraph 2-406 of the Illinois Code of Civil Procedure permits a defendant to join a third party who may be liable to him for all or part of the plaintiffs claim against him. , Although paragraph 2-406 pertains directly to actions that may be initiated by defendants, third-party practice poses significant ramifications for the plaintiff in terms of trial strategy and negotiation, ...

The legal concept of the " eggshell plaintiff, " when explaining the causation of a plaintiff's claimed psychological injury, may be an archaic and a misleading paradigm. The " thin skull " or " eggshell plaintiff " rule—often described as the " defendant takes the victim as found " —protects the rights of individuals whose preexisting fragility makes them particularly susceptible to injury. Th...