Tort Law Theory Analysis

Introduction

The tort law theory is a wrong doing that determines foreseeability and negligence in a case. Tort law has three main categories; intentional, unintentional (negligence), and strict liability. In this article, we will analyze the court case James v. Meow Media case and discuss the position, elements of negligence, what was missing in the words that prevented the court from finding this company at fault, and how the ruling would affect other companies in that industry if the company was at fault.

Analysis

According to court case James v. Meow Media, Inc. this case was based on whether the deaths of three high school students were considered foreseeable negligence. This case was about a fourteen-year-old freshman student that was regularly playing violent interactive video and computer games. This freshman Michael Carneal watched videotaped movies, one, in particular, was The Basketball Diaries showing a high school student having dreams of killing students and staff in the school. Carneal a handgun and five shotguns into his high school and started shooting; resulting in the deaths of three students and wounding others. As a result of this the parents of the three dead students sued the producers and distributors of the violent video games and movies that Carneal watched. The parents were suing for recovery damages for wrongful death and accusing the defendants were negligent in producing and disturbing such products.

(CASE 5.2 Negligence James v. Meow Media, Inc. 300 F.3d 683, Web 2002 U.S. App. Lexis 16185 (2002) p.1)

Position

After reviewing and analyzing this court case determining that the U.S. District Court applied Kentucky law in agreeance that the defendants did not owe or breach a duty to the plaintiffs and therefore not liable for any damages. If the defendants actually stated in the video games and videos, “Carneal go and shoot students and staff” then it would be considered negligence and intentional by the defendants or showing specific details of a religion or student ethics then it could also be determined as Intentional Misrepresentation (Fraud). The parents are pushing the Freedom of Speech act which grants the defendants the right to free speech. However, if the plaintiffs could prove that Carneal had purchased these violent video games and videos as for any rated R videos and video games require to have someone over the age of seventeen to purchase such products. If this was not the case and Carneal had intentionally purchased the products then the negligence and liability would fall to the retail store and/or distributors to that store and not enforcing the law even at the register.

Reversal Analysis

If the ruling by the U.S. District Court found the defendants guilty or in favor of the plaintiffs then all industries that produce and distribute such violent games and videos would have to recall all products and pay out any damages to those families involved in any shootings where such events like Carneal’s shooting at the high school would be found negligence and liable for recovery damages.

Conclusion

After looking through the court case and reviewing the facts of the case it has come to understand that our judicial system and law is very complex. The tort law theory and categories representing it showing there are many level in which a business could be found liable for wrongful doing or unintentional doing. Understanding the law and either knowing or not knowing if the business and/or individual have broken law is up for a judge and jury of peers to determine.

References

CASE 5.2 Negligence James v. Meow Media, Inc. 300 F.3d 683, Web 2002 U.S. App. Lexis 16185 (2002)

Alternative Dispute Resolution Process

In business law there two main types of processes that used to resolve a dispute. One is going through the traditional court system and the second is an alternative dispute resolution. The alternative dispute resolution is the most common process used to settle disputes. However, the alternative dispute resolution process uses several different methods when coming to a settlement. The most common method is the arbitration method. The other form of methods is negotiation, mediation, conciliation, mini-trial, fact-finding, and judicial referee. The two alternative dispute resolution methods I will be discussing are arbitration and negotiation.

The alternative dispute resolution process can either be a long process or short process depending on the negotiations and if a settlement is agreed upon. There are some cases where the alternative dispute resolution process doesn’t always work and the dispute does go to an actual traditional court system. In most circumstances, the dispute settles out after a few negotiations between parties. Generally the process works when the plaintiff ( the accuser) goes after a party and/or form of business, therefore, the defendant (accused). This alternative dispute resolution process keeps the dispute more private and nothing will be shown in open court. The plaintiff will normally demand some type of settlement depending on the circumstances it could either be money, shares in a business, dispute of ownership, etc. The defendant will either argue of such dispute or try to settle with an offer of money towards the plaintiff this is known as the negotiation method. However, in some cases both parties (plaintiff and defendant) will have a neutral party handle both sides known as the arbitration method. Once both parties have come to an agreement which is also known as a settlement agreement then the dispute is finalized and closed.

The negotiation method is a process in which both parties’ debate and/or dispute to try and come to a voluntary settlement agreement over the dispute. When the negotiations start it can take several hours to several months depending on the situation and if both parties agree upon the terms of which the plaintiff and/or defendant agree by request. There are times when this method can cost a business so much money that they can’t afford to keep negotiating due to legal and finance situations. 

The arbitration method exists when both parties agree to a neutral party handling both sides of the case and finalization of the settlement. This is the most common method because of its effectiveness and neither party has to face each other in person and pay for their own attorney to represent their business. Using a neutral party to handle both sides’ cuts on costs and time. “Arbitration enables parties to avoid juries. n43 Most business courts permit jury trials, n44 although parties may be able to waive their right to jury trial by contract. n45. Dispute resolution in business courts is a public process, with parties' privacy protected only by the power of the courts to enter protective orders. Arbitration is a private [*500] process and more likely to result in a confidential resolution of the parties' dispute” (Drahozal, p. 1 2009).

Overall the alternative dispute resolution process has been a successful method over going through the traditional court system. Through the arbitration method, it keeps businesses out of the public and keeps the dispute privately. In most businesses don’t like to go to open court they prefer to keep things quiet and in-house.

References

Drahozal, C. R. (2009). BUSINESS COURTS AND THE FUTURE OF ARBITRATION. Cardozo Journal Of Conflict Resolution, 10491