February 19, 2007

POS 282--Introduction to American Law
In class today, Monday 2/19, we had our first test. After a break, we went over the test. I will hand back the results next Monday. Also I assigned the following for class next Monday:

The assignment for Monday, February 26, 2007 is

•1) Read Chapter 5 of the text on Torts

•2) Go to the website for the Medill School of Journalism, and read this article about a recently argued U.S. Supreme Court case,
Philip Morris USA v. Williams, Mayola Docket: 05-1256
http://docket.medill.northwestern.edu/archives/003687.php
The case involves the limits that the U.S. Constitution puts on the amount of punitive damages that a jury can award in torts cases. The questions presented to the Supreme Court (as written by the tobacco company) are
(1) Whether, in reviewing a jury's award of punitive damages, an appellate court's conclusion that a defendant's conduct was highly reprehensible and analogous to crime can override the constitutional requirement that punitive damages must be reasonably related to the harm to the plaintiff? (2) Whether due process permits a jury to punish a defendant for the effects of its conduct on non-parties?

•3) Using the link on the Medill site to the Oregon Supreme Court decision -or going directly to the Oregon Supreme Court site at http://159.121.112.45/S51805.htm
read that Oregon Supreme Court decision that is under review by the U.S. Supreme Court. Use that decision’s discussion of previous Supreme Court decisions to help you understand what tests the U.S. Supreme Court has previously imposed on punitive damages.

•4) Go to the U.S. Supreme Court site, locate and read the transcript of the oral argument that was held by the U.S. Supreme Court on October 31, 2006. The transcript site is
http://www.supremecourtus.gov/oral_arguments/argument_transcripts.html
and the case to scroll down to is
05-1256. Philip Morris USA v. Williams 10/31/06

•5) Write a paper (approximately 2-3 double-spaced pages) summarizing in your own words how the constitutional test applies to the facts of this case, (not a summary of the facts of this case) and giving your prediction about how the case will be decided by the Supreme Court, making specific reference to the language of questions asked by various justices during the oral argument.