Saturday, October 3, 2009
Laura Ingraham's Ten for '10 ...
Most of it seems ok, but there was one thing which really stuck out at me as being just awful. 9) Restore America's System of Justice. Introduce penalties for frivolous lawsuits, where those who launch unsuccessful lawsuits are liable for the defendants' legal bills. That is a terrible, terrible idea. Firstly, just because you lose a lawsuit does not mean the lawsuit was frivolous. Lawsuits are long, hard battles, and they often involve corruption or unfairness of some sort. Raising the stakes only raises the chances of this happening. The legal system is manned by people who are no better than the people filing the lawsuits. Furthermore, it becomes a restriction on people who want or need to file real, valid lawsuits, because the stakes become too high to risk a defeat.This renders the petition unsignable, absolutely. We cannot have this impede people's rights to justice under the legal system of the United States. If people are so worried about frivolous lawsuits, maybe we should ensure that judges are hired who can choose what is frivolous and what isn't. We already have "Rule 11," which states that a judge can determine if a lawsuit is frivolous or not, and act accordingly. This includes making the side engaging in the "frivolous" lawsuit pay the legal fees for the other side. This puts the entire American justice system at risk.
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