Sunday, March 23, 2008

A Brief Reply to the Question, What is Wrong with Torts Law?

From here.

1) It has a supernatural power as its core doctrine. The foreseeability of rare accidents element violates the Establishment Clause.

2) It relies on the gut feelings of twelve strangers off the street as a lie detector. OK. What about the wisdom of the crowd effect? No. The lawyer excludes that potential advantage by the automatic disqualification of anyone with knowledge. In 1250 AD, the jurors had walked the boundaries of the disputed land at the time of transfer of title. They knew the litigants for years.

3) Most cases are weak. These are economic growth wreckers. They deter business startups. They deter IPO's. They consume massive blocks of time of business leaders.

4) All the goals of torts are in failure. All safety enhancements stem from technology progress. No correlation between litigiousness and safety has been shown.

5) Whatever the masking ideology, they are punishment, revenge, and expressions of animus. As such, discovery in torts violates the Self-Incrimination Clause of the Fifth Amendment. The lawyers on the bench allow it so their profession may plunder all productive sectors. If making people whole were the purpose, Medicaid for the injured would suffice.

6) Whatever the advantages of torts, the lawyer profession has selflessly forsworn them. They are the sole group that have maintained a privity obstacle to a legal malpractice claim by the adverse third party. If the filing of a weak is legal malpractice, they are not getting the profession improving benefit of torts. This immunity privilege is unique and self-dealt.

7) Beyond legal malpractice, the tort lawsuit itself is a product, dangerous, and harmful in its ordinary intended use. It merits becoming a target of product liability, and fulfills all common law requirement for strict liability.

8) The process is corrupt. Paid off experts cancel each other out. The jury is left with likability of the parties as a basis of judgment. So, the trial is a Broadway production and a contest of fairy tales.

9) Judges and lawyers have dealt themselves absolute immunity for their ubiquitous incompetence. Self-help has full moral and intellectual justification. Only force and Army Airborne validates the torts judicial system.

10) The lawyer has implanted bunches of take backsies into the self-written, self-dealing rules, for any embarrassing error. Res judicata freezes all injustices and false results. So smokers save state Medicaids money, by their early and quick deaths. The entirety of the tobacco settlement should be returned to the tobacco companies, with interest. This return should, by statute, be passed on to the buyers in the form of lower tobacco prices. Silicone implants caused no harm. The fired workers from the bankrupted chemical company should get compensation from the outrageously incompetent court and its owner. If a financial relationship can be shown between the judge and the legal profession, jail all around. Res judicata should end by a Constitutional Amendment, as should all self-dealt immunities of the little caesars on the bench.

11) No one who has passed 1L should sit on a bench, in any legislative seat, or policy position in the Executive. Pass a law, as the felon is excluded now. After 1L, the indoctrination cannot be taken back. The person is lost. No judgment. Belief in supernatural doctrines. Self-deluded policy benefits of the torts system, really in utter failure. Accepts all self-dealt advantages of the lawyer profession. Blocks out the failure of government, totally under the charge of the lawyer. Deniers the devastation done by the lawyer, especially to minority populations. Accepts the discipline of a tyrannical but idiotic hierarchy.

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