A Research On The Punitive Damages System In American Law From The Procedure Law Perspective

The institution of punitive damages works to punish or deter the defendant or others from engaging in conduct similar to that which forms the basis of the lawsuit. It also works as a way to encourage the plaintiff to bring up a lawsuit against the wrongdoers. To many scholars, the institution of punitive damages has confounded where the civil liability stands and where the criminal liability ends. As one compensation measure, the institution of punitive damages somehow has punishing function which is one character of criminal liability. Throughout its history, the punitive damages system always works under the influence of other systems. And every trial that includes punitive damages award is influenced by some legal systems, like the lawyer system and the jury system. In recent years, the soaring amount of punitive damages award is under more and more controversies.Compared with any other research on this subject, this article pays much attention to look into punitive damages system from other directions, like jury system, the lawyer system, the principle of due process, to see how they effect each other. The punitive damages system is under criticism, but no institution can take effect without other ones. Some questions like should we put the jury into the position to decide whether to apply the punitive damages and the amount of punitive damages award. And to a certain degree, it’s the lawyers who are responsible of the large amount of punitive damages award. This dissertation strives to show the relationship between the punitive damages system and other different systems and to gain a thorough understanding.This article will use the following methods to do the research. Firstly, with case analysis, the author wants to show how punitive damages system is applied in real lawsuits and tries to make the relationship between the punitive damages system and other ones clear. Secondly, through some comparative analysis, the author wants to show that some similar legal systems related to punitive damages system in American Law and German Law actually differ from each other. Thirdly, when applied, the punitive damages system always takes effect with other legal systems. With some general analysis work, this article provides a whole new angle to look in to the punitive damages system.This article consists six parts. The Introduction is the basis of the whole article. At the start of this article, the author draws an inference that the reason why the punitive damages system has so much influence in the American Law is because the unique procedure law.Chapter One is devoted to the due process principle. To a certain extent, the due process principle is the most important constitutional principle in American. And any breach of any procedure could be considered to be a breach of the due procedure principle. Because of the large amount of punitive damages award, the punitive damages system is often condemned breaking the due process.Chapter Two examines the cause of action. In a tort case, the plaintiff must bring up all his claims in one lawsuit, or the res judicata will stop him from getting any other remedy. And the unique court organization in America also limits the number of lawsuits that can be tried during a certain time. All these lead to the soaring amount of punitive damages.Chapter Three does some research into the jury system. The jury system is of long history. In its early days, the members of the jury judge in accordance with their knowledge and common sense. In modern times, these members begin to adjudicate a case according to the proofs that they get during the trial. But what never changes is the public morals in there heart and these always are the foundation of their judgments. During regular process of lawsuits, the jury tends to award large amount of punitive damages, and this causes much criticism about the jury system and the punitive damages system.Chapter Four analyses the lawyer system. In the Adversary System, the lawyers play an important role. During one lawsuit, the lawyer sometimes has the power to control the trial. Because of the contingent fee arrangement, the lawyer will do his best to gain large amount of punitive damages award, so he can gain more profits.Chapter Five looks into the class action system. In large scale tort cases, class action is applied more and more often. And the lawyer system and the res judicata also show importance in class action. So a large amount of punitive damages award is a strong probability. In the last part, Conclusion, the author hold that it’s the unique procedure law in America that expands the appliance of the punitive damages system and makes amount of the punitive damages award tends to be soaring.