hot coffe work sheet due 24 Hour

hot coffe work sheet due 24 Hour

“HOT COFFEE” MOVIE WORKSHEET BUS 347 PROF. CHIZEVER TERM:____

Student Names/Group #:_________________________________________

1. The McDonald’s hot coffee case was the “bumper sticker” case and the subject of jokes as an example of frivolous lawsuits. What is your definition of a frivolous lawsuit?

2. Had you heard of this case before? What were your impressions of the case before you saw this movie?

3. When the plaintiff spilled the coffee, was she driving the car? How did she spill the coffee? Have you ever spilled coffee or any other hot drink?

4. How extensive were the burns? What effect do you think would there have been if the coffee spilled on a baby?

5. The jury was asked to allocate a percentage of fault to the plaintiff. What percentage did they give to her?______ What would you have given?_____

6. Name three reasons why the jury found McDonalds liable for her injuries:

7. What are compensatory damages?

8. How much did they award in punitive damages?_____________

9. What is the purpose of punitive damages?

10. How did the jury come up with that amount?

11. Do you believe their evaluation was fair? Explain.

12. McDonalds’ coffee is now 10 degrees lower. On balance, are you pleased they lowered it to avoid more injuries, or is this an unfair restriction on the freedom of the company to do business as they wish?

13. What is a tort?

14. What is tort reform? Were you aware of this before seeing the movie?

15. ATRA (American Tort Reform Association). Who formed it and whose interests do they primarily represent?

16. George W Bush mounted a campaign in Texas for medical liability reform, claiming there were “too many lawsuits in America” and that excessive jury awards were a major cause of increased costs in the health care system.

Texas instituted limits and caps on jury awards. What has happened to health care costs in Texas since then?

17. Caps on damages in Nebraska required that the jury award of $5.6 million for Colin, a permanently disabled child whose disability was caused by medical malpractice, was dramatically reduced. Who is now responsible for paying for the money needed for his care?

18. Who benefitted from the reduction?

9. Some lawyers claim it is unconstitutional to take away the power of the jury to determine the amount of damages and give it to the legislature. What constitutional right may be violated?

20. Caps on damages may be applied to punitive, non-economic and the entire amount. What are non-economic damages?

21. Where caps have been instituted, have medical malpractice rates decreased?

22. Who are the founders and major supporters of the U.S. Chamber of Commerce?

23. What is the Chamber’s main function and who is on the Board of Directors?

24. What are the limits on individuals’ contributions to elections?

25. Why would businesses want to influence the election of judges in a state?

26. In Mississippi, what percentage of appeals from a jury verdict are successful?

27. Name three examples of the types of companies that require mandatory arbitration agreements from their members/clients.

28. Do most members/clients know they have agreed to mandatory arbitration? Have you signed one, and were you aware of it at the time?

29. Briefly explain how mandatory arbitration applies to a legal dispute.

30. What benefit could there in mandatory arbitration be for businesses?

31. What problem might arise for non-corporate plaintiffs in a dispute that will be controlled by mandatory arbitration?

32. Jamie Jones fought to get a jury trial rather than mandatory arbitration in her dispute against Haliburton. Why?

33. In general, if the client was not aware he/she was agreeing to mandatory arbitration, do courts uphold these agreements?

34. a) What benefit is there to the public in having public trials?

b) What detriment is there to the public in having public trials?

35. a) What are the benefits, if any, of jury trials?

b) What are the detriments, if any, of jury trials?

36. Can public justice for one person have an impact on others? Explain.

37. Choose another title for this movie:

38. What, if anything, did you learn from this movie that you did not previously know?