SOC205 - WEEK 1 - DISCUSSION 2

SOCIETY, LAW AND GOVERNMENT

"The Role of Litigation in the Lives of Residents of the United States"

Compare the frequency of litigation in the U.S. described in Chapter 1 with at least two (2) other countries around the world. Suggest two (2) factors that you believe contribute to the difference in frequency between the countries you chose and the U.S. Provide specific examples of these factors to support your rationale.

The frequency of litigation in the United States reflects that for every thousand of people approximately 74.5 lawsuits are filed. In comparison to the United States Israel has 96.8 lawsuits filed with Austria at 95.9 lawsuits. Two factors that I believe contribute for the difference in frequency are the countries that I selected and are based on the reflective statistical findings which support the prevalency and willingness of people to submit to the legal system to intervene and help amiably settle disputes and also not allow complicity to surface or allow corruption to become a factor and foul play. Further because these countries are a little repressive toward certain segments of the human population it is necessary to submit to dealings through the court system in order to receive a fair judgment or issue a judgment to acquire fairness or dealings to proceed with projects, expansion and businesses. Also, because of their social structural base it is harder to obtain the objectivity that is enclosed here in America that is informally known.

In this country, fairness is distributed to all and each is deemed equal in their dealings and business here. Unfortunately, it is not the same in these two countries and it is usually the impoverish, underprivileged and untaught who are trying to acquire fair treatment and has no representation or someone who cares what happens to them and therefore they pay excessive costs for legal representation because they have no knowledge or learning. Further the exploitation is so crippling that they have to use all of their savings to fight for a living and a chance therefore this is why there are more lawsuits in these two countries.

Examples – Israel
Chasser v Palestinian Authority
http://israellawcenter.org/legal_action/chasser-v-palestinian-authority/

Bardichansky v Palestinian Authority
http://israellawcenter.org/legal_action/bardichansky-v-pa/

Atias v Palestinian Authority
http://israellawcenter.org/legal_action/atias-v-palestinian-authority/

In support for the country of Israel selected are three court cases of varying nature that support my expression of compassion that the impoverish, underprivileged and untaught are being severely oppressed, manipulated, controlled, terrorized and over charged. As such the fear exists but the need to fight and protest the unfairness of being killed, murdered and terrorized is prevalent and in order to do so is to go through the court system to try to get recourse, damages and some kind of situational protection or shelter for protesting.

Examples – Austria
Pauger v Austria
http://minorityrights.org/wp-content/uploads/old-site-downloads/download-328-Pauger-v.-Austria.pdf

Republic of Austria et al v Altmann, (2004)
http://caselaw.findlaw.com/us-supreme-court/541/677.html

Karner v Austria
http://hudoc.echr.coe.int/eng#{"itemid":["001-61263"]}

As reflected for Israel and in support for the country of Austria selected are three court cases of varying nature that are supportive that people are being suppressed, intimidated and have to fight in court to be treated as a person with rights, rights for ownership and returning of property that was taken (stolen) and removed from rightful ownership, rights for pension and rights to secure domicile when other inhabitant passed as contract stated.

Even though there is intimidation, all have to place the factual nature of the cases before the judges to make determination of who is correct and who is not.

Examine three (3) implications of Americans using the U.S. Court System to settle frivolous disputes relative to the role of litigation in U.S. society. Provide a rationale for your response.

Three implications of Americans using the United States Court System to settle frivolous disputes relative to the role of litigation in U.S. society are reflective when discipline of a child has “surprisingly” stalled their child academically. Further when lawsuits have no parallel to a crime committed, or does not fit under the category of a civil issue, or a true stage of oppression or when hurts or injuries don’t significantly impact a person and cause any hindrance or mobility problems, injured feelings, or when self-suffering is their own mental anguish that no one can help with.

Because of this the court system is dependent on Rule 11 of the Federal Rules of Civil Procedure to halt and circumvent the wasting of time and escalating of cost when there is no viable reason for suing. Further, any issues that cannot be proved as detrimental, destructive (personally or otherwise), life threatening or a hindrance to regular and usual living has to be viewed as frivolous and an attempt to use the court system to defrock someone who injured them not or has no connection with them.

In conclusion, the United States Court System has the right to protect self and halt the inappropriate usage of the court system in hearing cases that have no merit or use.

Thank you.

Felicia


SOCIETY, LAW AND GOVERNMENT
WEEK 1 - DISCUSSION 2
RESPONSE TO CO-STUDENT

I disagree that the United States is the most litigious nation in the world it is one of the most highest and is comparable to other nations' structuralized justice systems.

High frequency is due to way American Society lives and that entails the right to fight an injustice done due to the breaking of America; from England who was seen as the oppressor then.

From that point all wanted a judicial system to fight amiably, peaceful jousting and without hostility and violence. I do agree that trust is placed in this high level of judgment.

Thank you.

Felicia