Why, if the reportage is so unsound and unethical, are you even sharing it? As commentary on the sorry state of news reportage?thepyrethatburns said:No. I didn't.JDKJ said:How so does it sum up the state of the U.S. legal system? You might have missed the all important fact that "and their parents" can also be sued was what the Justice decided. This reflects nothing more than the age-old legal concept of vicarious liability (i.e., a parent can be sued along with a child for the harms caused by the child even if the parent was nowhere around when the harm occurred). Despite the obvious spinning of the facts so that it reads as if the children are the ones primarily being sued, the more meaningful subject of the suit are the children's parents (the ones who I have to assume are in the position, unlike the children, to actually pay any monetary damages which may be awarded to the plaintiff). If you take the time to search for similar decisions among those of any Anglo-Saxon-based civil law system, including that of the UK's, I'll bet you'll easily find a number of similar decisions. This decision is neither unique nor peculiar and hardly serves as some sort of negative commentary on the state of the U.S. legal system.thepyrethatburns said:While I realize that this was a New York Supreme Court Justice, this story pretty much sums up the state of the U.S. legal system.internetzealot1 said:It scares me that even one of the justices on the Supreme Court would side with this law.
http://www.cbsnews.com/8301-504083_162-20021342-504083.html
So, no. It isn't all that surprising anymore.
It's generally a good rule of thumb to believe half of what you hear and nothing that you read in the news.
What I think is a much better commentary on the state of the U.S. legal system is the fact that the second the California Governor signed the law into effect, a lawsuit seeking to block it was filed and, by all accounts, looks as if it will succeed in shooting down what by any stretch of the imagination is nothing more than a foolish attempt at censorship. Say what you want to about the Americans, but you can't say that there isn't a vocal contingent of them who just happen to think that the right of free speech is an important right and who will go to any lengths to protect that right against government interference. For better or worse, many of them also feel that way about the right to own a gun.
I also didn't miss the part that CBS got the story wrong and that the woman died three months (not weeks) later. I also didn't miss the part that the woman died from unrelated issues according to her doctors. I didn't miss the part about the judge applying an artificial standard of "reasonable prudence" to a four-year-old. I didn't miss the fact that the judge concluded that the mother had no active role in the incident but he is still alowing the estate to sue her anyway.. I didn't miss the fact that, while it is true that this is being used as an avenue to sue the parents, the children will still be taken to court and have their lives turned upside down at an age where they'll need booster seats just to reach the witness microphone. I also didn't miss the part that CBS decided to expose 4-year-olds to media scrutiny by naming names.
I also didn't miss the part that, despite all this, the judge is letting the lawsuit proceed despite it being a completely groundless suit. By itself, it doesn't serve as a negative commentary on the U.S. legal system. The fact that this type of thing is increasingly the norm and is not "unique or peculiar" does serve as a negative commentary on the U.S. legal system.
Why is "reasonable prudence" an artificial standard when negligence is defined at law as "the failure to use that degree of care that an ordinary person of reasonable prudence would use under the circumstances?"
Why shouldn't the court allow the mother to be sued despite having no active role in the incident when the law, by the well-established principle of vicarious liability, routinely and sensibly allows for such suit? If a parent leaves their child without any adult supervision to engage in conduct that likely will result in harm to others, why shouldn't that parent be sued along with their child?
Why do you think a four year-old will be called to the witness stand and placed before the microphone when it is well-established at law that a four year-old is too young to appreciate the oath and therefore can't give sworn testimony?
Why shouldn't a court allow cases to proceed if it determines that the legal standards for early dismissal of "failure to state a claim" or "summary judgment" have not been satisfied and regardless of whether or not you are of the opinion that a case is "completely groundless?" And if, in the absence of either of those standards being met and putting aside your opinion of the merits, why would a universal refusal to allow early dismissal be any sort of negative commentary on the U.S. legal system? Isn't the preference of the U.S. legal system, as reflected in its procedural and evidence rules, not to dismiss cases early in the litigation process but, rather, to give plaintiffs a full and fair opportunity to make their case, if they have a case to make at all, and only to dismiss the plaintiff's case once it becomes abundantly clear that they have no case to make a positive commentary on that system?
I'm sorry, but I'm just not seeing where you're trying to go.