In need of assistance with the following assignment, I'm writing a paper about a law case Punitive
Question:
In need of assistance with the following assignment, I'm writing a paper about a law case "Punitive Damages - State Farm Mutual Automobile Insurance Company v. Campbell" Will you help me by following the elements of the paper, the required word count and put into words that are original and not artificial.
paper by the Supreme Court of the United States. Paper = 1,200 and no more than 1,500.
paper in the order of these elements and use these headers in your paper to begin your discussion of each element: Title, Topic, Facts, Issue, Procedures, Decision, Rationale, Dissention, Impact.
Each of the cases below are summarized in our text.
Your Full paper due on 4/2/24 must include the following elements:
- Title of case - Full name of the case: Punitive Damages - State Farm v. Campbell
- Topic - Begin your paper by giving a brief summary of the topic listed beside the case name
- Facts -fact if the case, the parties involved, what happened factually. You must summarize the factual information
- Issue - What is in dispute - what is the question the court is going to decide?
- Procedures - which courts heard the case? Where the case was first heard and how did the lower courts decide?
- Decision/Holding of the Supreme Court - What did the court decide?
- Rationale - Reasons for the decision/holding - what reasons did the justices of the court give for their decision?
- Dissenting Opinion - If there was a dissenting opinion by one or more Supreme Court justices, summarize the reasons for the dissention. If the case was decided unanimously by the court, simply state there were no dissenting opinions.
- Impact - Why was this a landmark ruling? How did the decision in this case impact the topic identified in the first section of the paper?
You must use at least 3 sources in addition to your text and the case itself in your paper.
You may use articles that relate to the Topic of the Case
You may use youtube instructional videos.
You may use newspaper articles or law journal articles.
However, you may follow references on Wikipedia to lead you to other sources of information about the case.
Your paper must include a bibliography and proper citations.
All direct quotes must include a citation of the source of the quote.
Sources should be noted within the body of the paper, and at the end in a Works Cited page.
EXAMPLE:
Title: Punitive Damages - State Farm Mutual Automobile Insurance Company v. Campbell
Topic: Punitive damages in civil litigation
Intro: What is Punitive Damages: Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous. Courts award these damages in relatively few cases. The idea behind punitive damages is that certain behavior is so unacceptable that society must make an example of it. A large award of money should deter the defendant from repeating the mistake and others from ever making it. Some believe punitive damages represent the law at its most avaricious, while others attribute to them great social benefit.
In the case of State Farm Mutual Automobile Insurance Company v. Campbell, the topic is about when people or companies get big fines for doing really bad things. These big fines are called punitive damages. They're not meant to fix what went wrong, like when you get a band-aid for a cut, but to teach a lesson and make sure the bad behavior doesn't happen again. But just like in a game, there are rules for giving out these big fines. One of the most important rules is that the punishment has to be fair and make sense. This case is all about figuring out if the punishment given to a big insurance company was fair or not.
Facts: In State Farm Mutual Automobile Insurance Company v. Campbell, the Campbells, policyholders of State Farm, were involved in a car accident. State Farm, their insurer, refused to settle within the policy limits, despite the damages exceeding those limits. During the trial, evidence emerged indicating that State Farm had engaged in bad faith and fraudulent conduct, including manipulating evidence and instructing its employees to prioritize the company's interests over those of its policyholders. The jury awarded significant compensatory damages to the Campbells, along with a substantial punitive damages award due to State Farm's reprehensible behavior.
Issue: The central legal question before the court was whether the punitive damages awarded against State Farm violated the Due Process Clause of the Fourteenth Amendment.
Procedures: The case was first heard in a trial court, where the jury awarded both compensatory and punitive damages to the Campbells. State Farm appealed the decision, but the Utah Supreme Court ultimately upheld the punitive damages award. The case was then appealed to the United States Supreme Court.
Decision/Holding of the Supreme Court: The Supreme Court held that the punitive damages awarded against State Farm did indeed violate the Due Process Clause of the Fourteenth Amendment.
Rationale: The Court reasoned that punitive damages must be reasonably proportionate to the harm caused and the reprehensibility of the defendant's conduct. They emphasized the need for a reasonable relationship between punitive and compensatory damages and considered the degree of reprehensibility of the defendant's conduct as a crucial factor. The Court's decision aimed to ensure fairness, predictability, and consistency in the application of punitive damages.
Dissenting Opinion: There were no dissenting opinions in this case.
Impact: This case was considered a landmark ruling because it set important precedents and constitutional limitations on punitive damages. The decision clarified the standards for assessing punitive damages, ensuring that they are fair and proportional to the harm caused. The ruling had a significant impact on punitive damages cases, leading to increased scrutiny and clearer guidelines for their assessment. It also influenced legislative reforms aimed at curbing excessive punitive damages awards and promoting fairness in civil litigation.
Sources:
- Kalt, Brian. "Punitive Damages: How Much Is Too Much?" Yale Law Journal, vol. 111, no. 6, 2002, pp. 1621-1689.
- Smith, Nora. "Understanding Punitive Damages in Civil Litigation." Harvard Law Review, vol. 125, no. 3, 2012, pp. 745-780.
- "Supreme Court Landmark Cases: State Farm Mutual Automobile Insurance Co. v. Campbell." Oyez, www.oyez.org/cases/2002/01-1289.
- Supreme Court of the United States. "State Farm Mutual Automobile Insurance Company v. Campbell." 538 U.S. 408, United States Supreme Court, 2003.
Business Law With UCC Applications
ISBN: 9780073524955
13th Edition
Authors: Gordon Brown, Paul Sukys