Corrective Justice Case Study
ELIMINATING CORRECTIVE JUSTICE
The Supreme Court quoting Weinrib’s concept of corrective justice, dismisses the plea against a number of pharmaceutical manufacturers by Alex .The medical side effects suffered by him due to negligent marketing of the drug CUD could not be attributed to any one pharmaceutical and thus no one could be held liable for the injury.
Corrective justice deals with the maintenance and restoration of equality between two parties entering in a transaction. Corrective justice firstly, functions without regard to social rank or moral character; secondly, it regards the transacting parties as equals; and lastly, it focuses on the immediate relationship of doer to sufferer. Injustice and its rectification is the insight of
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In the case, Califano v. Yamasaki the “usual rule” was the “necessary parties rule,” that required “all persons materially interested, either as plaintiffs or defendants in the subject matter of the bill ought to be made parties to the suit, however numerous they may be.” Taking such past cases in consideration the question arises to whether corrective justice holds any relevance anymore (in negligence cases)?
Now arises the issue of how to identify and price the remedy among the multiple defendants is given to distributive justice. According to Weinrib corrective and distributive justice are independent forms of justices while in tort law, distributive justice addresses to how the benefits of an organized society have to be distributed among its members while corrective justice deals with the distortion with the distributive schemes thus acting as the remedial arm of distributive
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The compensation proves the improvement and material gain but does not justify taking anything from the defendant Compensation is based on the plaintiffs need after the injury it does not encompass the defendants. In the case, there is a transaction that has taken place that automatically imposes a duty on the manufacturer to give information and warn the consumer of the foreseeable risks of the drug. Corrective justice cannot be applied as due to the concept of bipolarity it sacrifices the moral aspect and the correlativity undermines the compensation
Cleveland V. Perry: A Case Study
1223 Words | 5 PagesOn April 3, 2015, Tammy Cleveland sued Gregory C. Perry, a doctor at Buffalo General and Kaleida Health the company that owns both hospitals involved in the death of her husband, Michael Cleveland. Tammy is accusing them of “negligent” care resulting in her husband’s death. The law suit claims that the “defendants’ alleged actions and/or inactions were morally culpable, actuated by evil and reprehensible motives, malicious, reckless, gross, wanton and/or in reckless disregard for her husband’s rights and her family’s rights.” (Dudzik, 2015) The defendants are contesting the case. Michael Cleveland had a heart attack on October 10, 2014, and was transported to the emergency room of DeGraff Memorial Hospital.
Defendant: Case Study
373 Words | 2 PagesIN THE HEALTH CARE ALTERNATIVE RESOLUTION OFFICE OF FLORIDA NORTHCHASE NORTH PARCEL 45 COMMUNITY ASSOCIATION, INC., a Florida not-for-profit corporation, Claimant, -vs- LINDSEY RICHMOND, SPTC 480 Central Region Road Suit B-3 Fort Myers, FL 32666 Defendant Healthcare Provider __________________________________ FACTS 1. The claimant is a resident of the State of Florida and all services were given to her by the Defendant in the State of Florida. 2. The Defendant is a Licensed Clinical Professional Counselor that is licensed by the State of Florida and regularly continue engaging in the practice of psychotherapy. Defendant sustains her principle office at 480 Central Region Road, Suite B-3, Fort Myers, Florida 32666.
Wrongful Convictions Book Report
926 Words | 4 PagesA miscarriage of justice is when a person is convicted and punished for a crime they did not commit. This book displays many strengths. Some of the strengths found in this
Court Case: Case Study
1366 Words | 6 PagesIssue #1: May the roommate be considered a keeper or harborer of the dog, when she cared for and lived with the dog that bit her finger, causing her to receive eight stitches? Issue #2: Was the roommate teasing, tormenting, or abusing the dog when she struck it with her shoe, right before the dog lunged at her shoe and mistakenly bit her finger, causing her to receive eight stitches?
Special Court Case Study
358 Words | 2 Pagesmunity; if she could be a witch, then anyone could. Magistrates even questioned Sarah Good's 4-year-old daughter, Dorothy, and her timid answers were construed as a confession. The questioning got more serious in April when Deputy Governor Thomas Danforth and his assistants attended the hearings. Dozens of people from Salem and other Massachusetts villages were brought in for questioning.
Pros And Cons Of Tort Reform
979 Words | 4 PagesTort law is designed to compensate those who have suffered a loss or injury due to another person 's wrongful act. Many people are in favor of tort law because the purpose of the tort law is to “provide remedies for the invasion of various protected interests (Miller & Jentz, 2014)”. In other words, the victim will get compensated in accidents, and they believe
Theoretical Ambiguity In The Definition Of Restorative Justice
1771 Words | 8 PagesB. Restorative Justice There is some theoretical ambiguity in the meaning of Restorative Justice in spite of the many definitions and studies done on the subject. Restorative Justice has been defined as “an ethos with practical goals, among which to restore harm by including affected parties in a (direct or indirect) encounter and a process of understanding through voluntary and honest dialogue.” It is primarily concerned with the reinstatement of victims to life before the crime, restoration of the Offender to a well behaved and lawful life, restoration of the injury caused to the community and the creation of a better society in the present and the future. Restorative Justice is not easily defined because it covers a wide range of practices introduced at different stages of the criminal process, including diversion from prosecution, actions analogous with court decisions and meetings between victims and offenders at any stage of the criminal process. One widely-accepted definition of restorative justice was put forward by Tony Marshall which was also accepted by the United Nations Working Party on Restorative Justice, defined restorative justice as; “a process whereby all parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of an offence and its implications for the future.”
Arguments Against Jury Nullification
656 Words | 3 PagesJustice within the context of today’s round can be seen as exclusively retributive as we are discussing a just response towards a transgression of American law. The central question of the resolution is whether a just society ought to implement jury nullification as a legitimate check towards the exercise of governmental power thus
Prosecutorial Injustices
1623 Words | 7 PagesAfter careful review of the assigned material The Untouchables: America’s Misbehaving Prosecutors, And The System That Protects Them, an article by Radley Balko published in the Huffington Post August 2013 argues Brady violations which are the failure to disclose, as a matter of law, exculpatory evidence, as required under Federal case law. Balko addresses prosecutor misconduct and lists the tens of thousands of prosecutorial misconduct cases that have been studied by ProPublica, the Center for Public Integrity, USA Today, the Innocence Project , and Yale Law. Senate Bill s. 353 was introduced in Senate on 3 February 2015 titled Justice Safety Valve Act of 2015. This bill authorizes a federal court to impose a sentence in a criminal proceeding
What Does Justice Mean In Terms Of The Australian Legal System
1257 Words | 6 Pages1. What does 'justice' mean in terms of the Australian Legal System? Justice is fairness, it's the process of protecting rights and to fairly judge and punish wrongs and giving every individual their due rights from the system. This includes all rights, natural right and legal rights.
Pros And Cons Of Retributive Justice
1479 Words | 6 PagesThis reflection paper will first address the advantages of using retributive justice approach in three court-cases. Second, it will discuss the disadvantages of using retributive justice approaches by analyzing the three court-cases listed above. Third, it will elaborate on ways that the system could have used restorative justice processes in the cases, as well as present potential outcomes that could have been reached if restoration justice was taken into consideration. First, during lecture three, we talked about the notion of just deserts.
Injustice In John Steinbeck's The Grapes Of Wrath
550 Words | 3 PagesInjustices, tragedies, and unfortunate circumstances have plagued humankind for all of existence. Many of these problems have arisen from the society of man, and could not be found in nature. The hatred, selfishness, prejudice, and maliciousness seen in so many injustices man created unnecessarily, as well as all the suffering it causes does not need to exist. If an individual witnesses a crime or injustice occurring, it is their responsibility to defend the weak and fight for whatever is morally right, even at the cost of themselves.
Justice In The Film A Few Good Men
1035 Words | 5 PagesJustice may sometimes be cruel and harsh, in being so, however, it is universal for each and every one of us and we defend our rights in the name of it. When certain violations of justice occur individual entities are charged with different cases for which they are called up on a trial. For everyone to get a fair trial, there are some aspects to the law that need to be respected. The likes are: the phenomena of the “due process”, questioning the credibility of the witnesses and the role of advocates' persistency when defending their clients. All of these, together with a great deal of other principals, have to be there for justice to be done to the whole society.
Essay On Procedural Justice
1674 Words | 7 PagesDefinition and Description of Procedural Justice Procedural justice is the act involved in decision making. It incorporates the process of involving transparency and fairness in making decisions. The incorporation of justice in this process is equally essential it entails that all parties allowed to give their views before decision are made concerning a given matter. Some theories state that restorative and distributive justice might not be met but for as long as there is a fair and justice procedure, there is always the possibility of having outcomes that are equitable (Jason &Tyler, 2003).
Unilateral Accident Model
769 Words | 4 PagesInitiated by Ronald Coase (1960) and developed by Calabresi (1970), Brown (1973) and especially Shavell (1980), (1982), (1987b), the standard unilateral accident model constitutes the backbone of the economic analysis of tort law. Initially, created by lawyers and judges, tort law legally forces the wrongdoers to compensate their victims’ losses. Beyond compensation, the economists showed that the tort law challenge is to understand how the prospect of paying heavy repairs to victims can motivate potential tortfeasors to provide the highest prevention level against risk. Hence, the model is simple: a potential wrongdoer performs activities likely to cause harm to other agents (victims). The prospect of losses due to compensation after an accident
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