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	<title>
	Comments on: &#8220;Making Civil Justice Sane&#8221;	</title>
	<atom:link href="https://www.overlawyered.com/2006/06/making-civil-justice-sane/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2006/06/making-civil-justice-sane/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Tue, 04 Jul 2006 01:06:42 +0000</lastBuildDate>
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	<item>
		<title>
		By: TC		</title>
		<link>https://www.overlawyered.com/2006/06/making-civil-justice-sane/comment-page-1/#comment-3343</link>

		<dc:creator><![CDATA[TC]]></dc:creator>
		<pubDate>Tue, 04 Jul 2006 01:06:42 +0000</pubDate>
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					<description><![CDATA[&quot;Did Cheshire county have the right to maintain a lake, which was accessible to the public, and in which people had been previously injured?&quot;

Do they have roads as well?

Has a county sheriff or deputy ever shot and wounded or killed a citizen of the county?

At what point in time did the county become our nanny?

&quot;The judge said such cases should be decided by balancing the &quot;social value&quot; of the lake, with the risk of injury.&quot;

Not a new LAW, just an observation by a REAL human being who happens to also be a member of the bar.

YOU do not have the right to assume personal safety anywhere today.  And thanks to SCOUS not even in your own home now!!


]]></description>
			<content:encoded><![CDATA[<p>&#8220;Did Cheshire county have the right to maintain a lake, which was accessible to the public, and in which people had been previously injured?&#8221;</p>
<p>Do they have roads as well?</p>
<p>Has a county sheriff or deputy ever shot and wounded or killed a citizen of the county?</p>
<p>At what point in time did the county become our nanny?</p>
<p>&#8220;The judge said such cases should be decided by balancing the &#8220;social value&#8221; of the lake, with the risk of injury.&#8221;</p>
<p>Not a new LAW, just an observation by a REAL human being who happens to also be a member of the bar.</p>
<p>YOU do not have the right to assume personal safety anywhere today.  And thanks to SCOUS not even in your own home now!!</p>
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		<item>
		<title>
		By: AM		</title>
		<link>https://www.overlawyered.com/2006/06/making-civil-justice-sane/comment-page-1/#comment-3342</link>

		<dc:creator><![CDATA[AM]]></dc:creator>
		<pubDate>Fri, 30 Jun 2006 16:50:52 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=3650#comment-3342</guid>

					<description><![CDATA[It&#039;s ironic that the case applauded by Mr. Howard as a cure is actually part of the problem.

In that case, the question was: Did Cheshire county have the right to maintain a lake, which was accessible to the public, and in which people had been previously injured? In other words, should they have made this lake inaccessible to the public? (Note the plaintiff was someone paralyzed for life due to an injury in this lake.)

The answer to this question is a black and white one. Either yes, or no. To get this answer, we go to the law, which was written by the judge.

What law did the judge write? The judge said such cases should be decided by balancing the &quot;social value&quot; of the lake, with the risk of injury.

Unfortunately, this is a subjective rule.

It will not stop lawsuits, because plaintiffs can&#039;t predict how a judge will balance the &quot;social value&quot; with the risk. The only way to know, is to sue and have a judge do the balancing test, using his subjective notions of &quot;risk&quot; and &quot;social value.&quot;

]]></description>
			<content:encoded><![CDATA[<p>It&#8217;s ironic that the case applauded by Mr. Howard as a cure is actually part of the problem.</p>
<p>In that case, the question was: Did Cheshire county have the right to maintain a lake, which was accessible to the public, and in which people had been previously injured? In other words, should they have made this lake inaccessible to the public? (Note the plaintiff was someone paralyzed for life due to an injury in this lake.)</p>
<p>The answer to this question is a black and white one. Either yes, or no. To get this answer, we go to the law, which was written by the judge.</p>
<p>What law did the judge write? The judge said such cases should be decided by balancing the &#8220;social value&#8221; of the lake, with the risk of injury.</p>
<p>Unfortunately, this is a subjective rule.</p>
<p>It will not stop lawsuits, because plaintiffs can&#8217;t predict how a judge will balance the &#8220;social value&#8221; with the risk. The only way to know, is to sue and have a judge do the balancing test, using his subjective notions of &#8220;risk&#8221; and &#8220;social value.&#8221;</p>
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		<item>
		<title>
		By: Dr. Mary Johnson		</title>
		<link>https://www.overlawyered.com/2006/06/making-civil-justice-sane/comment-page-1/#comment-3341</link>

		<dc:creator><![CDATA[Dr. Mary Johnson]]></dc:creator>
		<pubDate>Fri, 30 Jun 2006 10:02:59 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=3650#comment-3341</guid>

					<description><![CDATA[How about prosecuting civil perjury as the crime it is?
]]></description>
			<content:encoded><![CDATA[<p>How about prosecuting civil perjury as the crime it is?</p>
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