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1. b 2. a 3. d 4. c 5. f 6. e
Exercise 5. Answer these questions
1.the losses suffered due to the harm caused by the defendant.
2.in 1763
3.to punish the defendant for outrageous misconduct and to deter the defendant and others from similar misbehavior in the future.
4.Plaintiffs view punitive damages as a way of sending a message to the manufacturer that it is financially unwise to ignore safety concerns. On the other hand, defendants contend that punitive damages are unfair, unpredictable, and often excessive..
5.retribution, deterrence, compensation, and law enforcement.
6.large monetary awards are unfair, unreasonable, and not productive for society.
7.because it involves fundamental issues of justice, fairness, and the public good.
8.the nature of the wrongdoer's behavior, the extent of the plaintiff's loss or injury, and the degree to which the defendant's conduct is repugnant to a societal sense of justice and decency.
9.procedural process to remove punitive damages from the final judgment, or reduce the amount
Total score:
References
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Crowley, Thomas. 1994. "The Art of Arbitration Advocacy."
Hawaii Bar Journal (September).
Culiner, Helen. 1994. "Practical Guidelines for Lawyers Representing Clients in Arbitration Proceedings Today." Dispute Resolution Journal (September).
Deye, James, and Lesly Britton. 1994. "Arbitration by the American Arbitration Association." North Dakota Law Review (spring).
Nolan-Haley, Jacqueline M. 2001. Alternative Dispute Resolution in a Nutshell. 2d ed. St. Paul, Minn.: West Wadsworth.
Ware, Stephen J. 2001. Alternative Dispute Resolution. St. Paul, Minn.: West Wadsworth.
Daughety, Andrew F., and Jennifer F. Reinganum. 2003. "Found Money? Split-Award Statutes and Settlement of Punitive Damages Cases." American Law and Economics Review 5 (spring).
Kircher, John J., and Christine M. Wiseman. 2000. Punitive Damages, Law and Practice. 2d ed. St. Paul, Minn.: West Group.
Owen, David G. 1994. "Punitive Damages Overview: Functions, Problems and Reform." Villanova Law Review 39 (March).
Schlueter, Linda L., and Kenneth R. Redden. 2000. Punitive Damages. 4th ed. New York: LEXIS.
Wood, Robert W. 2003. "Proposed Nondeductibility for Punitive Damages: Will It Work?" Tax Notes (July 7).