Friday, December 13, 2019
Debate Free Essays
The McDonaldââ¬â¢s Scalding Coffee Case is a case for compensatory and punitive damages filed by a 79-year-old woman, Stella Liebeck, who suffered from third degree burns as a result of spilled McDonaldââ¬â¢s coffee on her body. The jury awarded Liebeck with $200,000 in compensatory damages and $2.7 million in punitive damages. We will write a custom essay sample on Debate or any similar topic only for you Order Now These amounts were later reduced, but the general conclusion is that McDonaldââ¬â¢s was severely punished for serving very hot coffee that led to serious injury. McDonaldââ¬â¢s coffee is scalding because it is maintained at 180 to 190 degrees Fahrenheit to maintain optimum taste. The temperature of McDonaldââ¬â¢s is glaringly high compared to the normal temperature of coffee when prepared at home, which is only about 135 to 140 degrees Fahrenheit. Despite this fact, the case is worth revisiting because there are certain arguments worth pursuing, which could lessen or remove entirely the liability of McDonaldââ¬â¢s. It should be remembered that coffee should naturally be served hot, unless the customer asked for other types of coffee, which should be served cold. Therefore, while companies such as McDonaldââ¬â¢s have certain responsibilities to their consumers, the latter also have responsibility to their own selves, particularly in ensuring that they would exercise diligence in their handling or consumption of purchased food. In the case described above, it is clear that Liebeck did not exercise due diligence in her handling of the coffee. With full knowledge that the coffee was hot, she placed the Styrofoam cup containing the coffee between her knees. She should have exercised more prudence considering that she was sitting in a car and she placed the cup between her knees, both circumstances contributing to the lack of stability to the cup. Moreover, Liebeck did not consider that she was already old and her body is no longer in top shape. She should have exercised more care in her actions to prevent any kind of injury. References American Association for Justice. McDonaldââ¬â¢s Scalding Coffee Case. Retrieved à February 5, 2008 Lectric Law Library. The Actual Facts About The McDonaldââ¬â¢sââ¬â¢ Coffee Case. Retrieved à February 5, 2008, from http://www.lectlaw.com/files/cur78.htm à à à How to cite Debate, Essay examples Debate Free Essays Pro ââ¬Å"Life is not about discovering our talents; it is about pushing our talents to the limit and discovering our genius. â⬠Because we agree with Robert Brault, affirm the resolution Resolved: Birthright citizenship should be abolished in the United States. The United States has a talent of fixing any problem that arises, and we have to push that talent to figure out the genius of our policies and our leadership. We will write a custom essay sample on Debate or any similar topic only for you Order Now Although you might disagree with the strength of our government but the truth remains the same, the United States is a power to be reckoned with and we have a problem that needs to be fixed, uncontrolled and uncensored immigration. The thesis of our case is that birthright citizenship puts unfair burden on certain people in the world to take care of less fortunate. It is ironic that both the birthright citizenship and equal protection guarantees appear in the Fourteenth Amendment to the U. S. Constitution. Arguably, birthright citizenship contradicts the notion of normative equality and arguably equal protection under the laws. Thus, birthright citizenship should be abolished. Our first contention is that birthright citizenship causes two primary problems. First, it strains welfare programs. Second, it permits a never-ending chain of citizenship eligibility. Jon Feere, who has a B. A. from the University of California, Davis, and a J. D. from American University, and is a Policy Analyst for the Center for Immigration Studies, wrote in an article entitled, ââ¬Å"Birthright Citizenship in the United States: A Global Comparisonâ⬠in August 20101: The two citizenship benefits that have drawn the most attention in the birthright citizenship debate are, first, food assistance and other welfare benefits to which a family of illegal aliens would not otherwise have access, and second, the ability of the child when he grows up to legalize his parents, and also to bring into the United States his foreign-born spouse and any foreign-born siblings. The sponsored spouse can, in turn, sponsor her own foreign-born parents and siblings, and the siblings can, in turn, sponsor their own foreign-born spouses, and so on, generating a irtually never-ending and always-expanding migration chain. 2nd contentionâ⬠¦Birthright citizenship turns efforts to employ migrant workers into policies exploding the number of US citizens. Jon Feere, B. A. from the University of California, Davis; J. D. from American University, Policy Analyst for the Center for Immigration Studies, ââ¬Å"Birthright Citizenship in the United States: A Global Comparisonâ⬠August 2010, http://www. cis. org/birthright-citizenship The issue of birthright citizenship for the children of aliens who have not been admitted for permanent residence cannot be resolved in isolation from other immigration issues. For example, politicians on both sides of the aisle regularly call for an increase in temporary workers, but the economic and social impact of children born to these workers while they are in the United States is never part of the discussion. Under any large-scale guest worker program, it is likely that tens of thousands of children would be born on U. S. soil. If the guest worker does not depart when his work visa expires, he becomes an illegal alien and is subject to deportation. But immigration authorities cannot deport the guest workerââ¬â¢s citizen child along with the overstaying guest worker. The result is that the guest worker makes the case for indefinite stay based on the principle of ââ¬Å"keeping families togetherâ⬠ââ¬â an argument that is often successful at stopping an alienââ¬â¢s deportation. Because of birthright citizenship, what started as a policy to bring in laborers on a temporary basis can become yet another channel for permanent immigration? This is one of the reasons why some have said that ââ¬Å"there is often nothing more permanent than a temporary worker. â⬠Abolishing birthright citizenship would not require a constitutional amendment. Jon Feere, B. A. rom the University of California, Davis; J. D. from American University, Policy Analyst for the Center for Immigration Studies, ââ¬Å"Birthright Citizenship in the United States: A Global Comparisonâ⬠August 2010, http://www. cis. org/birthright-citizenship Extending 14th Amendment birthright citizenship to any class of persons is a momentous matter because it confers very valu able benefits and imposes very serious obligations on children who have no say in the matter and it also has long-lasting and important effects on the size and composition of the U. S. population. The executive branchââ¬â¢s current practice of extending birthright citizenship to nonresident aliens has never been authorized by any statute or any court decision. The legislative record left by drafters of the 14th Amendment shows that they were primarily concerned about conferring citizenship on freed slaves. While the Supreme Court has settled the matter as it applies to permanent resident aliens, it has yet to decide the matter as it applies to aliens whose presence in the United States is temporary or unlawful. As a result, Americans are justifiably upset with a policy that has become standard practice without their approval. Because the legislative history is not decisive and there is no Supreme Court precedent, serious legal scholars and eminent jurists have argued that Congress should uses its inherent authority to define the scope of birthright citizenship. Congress can use the hearing process to promote a calm, informed, and serious discussion on the wisdom and legality of granting automatic U. S. citizenship to the children of ââ¬Å"birth tourists,â⬠illegal aliens, and other categories of foreign visitors who are taking advantage of a clause in the 14th Amendment that was primarily aimed at helping an entirely different class of persons. How to cite Debate, Papers
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