Class Actions: Class actions, which are more widely available in the U.S., offer the opportunity to condense the suits into one action. When there is a group where all the members have similar claims, one party is the representative plaintiff and brings suit on behalf of the entire class against the defendant. In a class action, Merck would be able to deal with multiple claimants at once, minimizing legal costs and potentially leading to a lower settlement per claimant because the numbers would be aggregated.
Legal Risk Management: A risk management plan would allow Merck to prevent or reduce loss. In the case of the Vioxx suits, it is too late for a preventative approach, which would try to comply with legal requirements and avoid legal problems. However, the reactive approach, which is a plan that handles problems as they arise may be a better option. Merck now focuses on reducing the costs of the problem. As a pharmaceutical company, Merck will continue risking similar problems with products that it manufactures. Thus it should create preventative and reactive plans to deal with them. Risk avoidance is not an option because pharmaceutical development and manufacturing is the core of their business. Risk reduction is the best method for management of legal risks because, while they are unavoidable, the risks can be reduced and legal problems can be mitigated.
Question 2:
Tort and Property Use: The tort of nuisance...
Law and Society The Nature of Law and Justice - Sadomasochism Sadomasochism presents the complexities and nuances involved in the nature of law and justice. In its purest definition, socially and legally, sadomasochism is a consensual act. There may even be actual contracts involved. However, this presentation shows that just because there is consent to the act, doesn't mean that the dominant can get away with anything. In cases in which the
I just like accumulating knowledge and my professional career has shown that you never can really know where you will be needing parts of that knowledge: I worked as a machinist for some time, but then I was able to promote because of the additional knowledge I had gained in the meantime. I hope that the education I will receive in law school would help improve my knowledge portfolio to
Law and Philosophy Holmes' "bad man" theory offers insight into the difference between the law and morality. The bad man is not concerned with morality but he is as concerned about the law as any "good" man because in knowing the law, he can avoid getting into trouble. The bad man would lie, cheat, and/or steal if it weren't against the law because he cares not for the morals that underlie
Oliver Wendell Holmes states that justice is subjective and changes according to the viewer's prejudice, viewpoint or social affiliation. But a set of rules is needed to make society function and these rules must be carried out. This philosophy of law applies to Ann Hopkins' case. The senior partner and admissions committee had the prerogative of setting out the rules with which partners should be selected. Their sense of justice
However, Erin Brockovich the movie has a very different ending than the actual civil action under tort law brought against California's Pacific Gas and Electric Co. The Hollywood ending would have been preferable, however life is just not that simple and a tort law case against such a company is really a long, tiring legal battle. The 1993 legal dispute from Hinkley was resolved by arbitrage and at first
The fact that a guard was able to take information from a prisoner's cell, and give it to prosecutors is a clear violation of basic procedures. As a result, greater amounts of oversight are required to prevent these issues from becoming a problem in the future. ("Deon Christopher Carter v State of Maryland," 2003) Conclusion Clearly, the evidence that was collected from Jones' cell is a violation of the Sixth Amendment.
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