Kaplan mcat practice test to real test11/15/2023 ![]() ![]() The main point of Galanter’s argument stems from the assumption that analyzing all of the empirical data will give the fullest picture and not allow anecdotal bias. By looking at existing empirical data instead of isolated, inflammatory cases, legislators will be able to do a better job of deciding if the system is in need of reform and, if so, what type of reform is appropriate.Ĭ: This is a Strengthen–Weaken (Beyond the Text) question, so let’s start by determining the conclusion implied by paragraph 4. ![]() His observations are consistent with a 1999 study by the National Center for State Courts, which found that tort filings have decreased by 9% since 1986. Moreover, according to Galanter, court filings in the law division of the circuit court of Cook County have actually declined during the period from 1980 to 1994. The awards discourage businesses from releasing harmful products into the stream of commerce. Punitive damage awards are extremely rare, only applied in the most egregious cases, and always subject to judicial review. The proposed tort reform would actually increase insurance company profitability and reduce payments to the most seriously injured tort victims. Galanter concludes that the system is hardly unbalanced in favor of plaintiffs. Finally, only 7 people will receive damage awards from a jury. At the tip of Galanter’s pyramid only 21 of the 100,000 deaths will result in a verdict. This means that an injured person gets a jury verdict in his favor only 0.007% of the time.įor example, medical malpractice results in approximately 100,000 deaths a year. Of all court filings, only 7% result in a verdict, and only 34.7% of these are decided in favor of the plaintiff. ![]() Next, 58% of plaintiffs with claims contact a lawyer, and 32.8% of these result in a court filing. 23.5% of claims become disputes (having failed to reach an informal agreement). 85% of grievances become claims (where the injured brings the problem to the alleged wrongdoer). On the next level, approximately 8% of injuries become grievances (events for which an injury was noticed). Injuries form the broad base of the pyramid. Galanter found that all tort claims form a dispute pyramid charting the progress from an injury to a jury verdict. As the title suggests, in order to investigate the tort system, Galanter used empirical data to examine whether, on the whole, these “anecdotes” truly represent how the system compensates injured parties. In his seminal article in the Maryland Law Journal, “Real World Torts: An Antidote to Anecdote,” Marc Galanter ex-amines the issue. Some claim that juries find negligence in order to provide compensation for victims who have large medical bills and lost wages, at the expense of “deep pock-et” defendants. Jury verdicts that appear, on superficial inquiry, to be blatantly excessive seem to challenge our system of compensation. In response, many legislators call for tort system reform that includes limiting the amount of damages, controlling legal fees, and redefining the concept of “fault” administered by the judges. The system awarded Michael Gore nearly four million dollars in 1994 after BMW sold him a car that had been repainted and sold as new.Īwards such as these spurred businesses, insurance companies and lobbyists to claim an “explosion” of legal liability. In 1996, 79-year-old Stella Liebeck was awarded 2.7 million dollars in punitive damages from McDonald’s after sustaining third degree burns from spilled coffee. In recent years, extensive media attention has been given to enormous damages awarded in the U.S. Refer to the following text for Questions 1-3: ![]()
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