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130-633: McDonald's Corporation v Steel & Morris [1997] EWHC 366 (QB) , known as "the McLibel case ", was an English lawsuit for libel filed by McDonald's Corporation against environmental activists Helen Steel and David Morris (often referred to as "The McLibel Two") over a factsheet critical of the company. Each of two hearings in English courts found some of the leaflet's contested claims to be libellous and others to be true. The original case lasted nearly ten years which, according to

260-436: A jury and then have a trial by jury or the case may proceed as a bench trial. A bench trial is only heard by the judge if the parties waive a jury trial or if the right to a jury trial is not guaranteed for their particular claim (such as those under equity in the U.S.) or for any lawsuits within their jurisdiction. Usually, lawsuits end in a settlement, with an empirical analysis finding that less than 2% of cases end with

390-413: A voluntary dismissal , so that the settlement agreement is never entered into the court record. The decisions that the jury makes are not put into effect until the judge makes a judgment, which is the approval to have this trial information be filed in public records. In a civil case, the judge is allowed at this time to make changes to the verdict that the jury came up with by either adding on or reducing

520-539: A "civil action." In England and Wales the term "claim" is far more common; the person initiating proceedings is called the claimant . England and Wales began to turn away from traditional common law terminology with the Rules of the Supreme Court (1883), in which the "statement of claim" and "defence" replaced the traditional complaint and answer as the pleadings by which parties placed their case at issue before

650-487: A 45-page paper read in court. Steel and Morris were found liable on several points, but the judge also found some of the points in the factsheet were true. McDonald's considered this a legal victory, though it was tempered by the judge's endorsement of some of the allegations in the sheet. Specifically, Bell ruled that McDonald's endangered the health of their workers and customers by "misleading advertising", that they "exploit children", that they were "culpably responsible" in

780-414: A combination of all three. Most tribal societies provide no guarantee of healthcare for the population as a whole. In such societies, healthcare is available to those that can afford to pay for it or have self-insured it (either directly or as part of an employment contract) or who may be covered by care financed by the government or tribe directly. Transparency of information is another factor defining

910-409: A copy of the complaint to notify the defendants of the nature of the claims. Once the defendants are served with the summons and complaint, they are subject to a time limit to file an answer stating their defenses to the plaintiff's claims, which includes any challenges to the court's jurisdiction, and any counterclaims they wish to assert against the plaintiff. In a handful of jurisdictions (notably,

1040-490: A delivery system. Access to information on conditions, treatments, quality, and pricing greatly affects the choice by patients/consumers and, therefore, the incentives of medical professionals. While the US healthcare system has come under fire for lack of openness, new legislation may encourage greater openness. There is a perceived tension between the need for transparency on the one hand and such issues as patient confidentiality and

1170-577: A high-risk behavior, while others are due to structural causes, such as whether the society is arranged in a way that makes it easier or harder for people to get necessary healthcare services. Still, other factors are beyond both individual and group choices, such as genetic disorders . Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Source: "Constitution" . World Health Organization . Retrieved 25 September 2024 . The meaning of health has evolved over time. In keeping with

1300-401: A history of unscrupulous lawyers deliberately reserving such issues in order to ambush each other in the appellate courts (the "invited error" problem). The idea is that it is more efficient to force all parties to fully litigate all relevant issues of fact before the trial court. Thus, a party who does not raise an issue of fact at the trial court level generally cannot raise it on appeal. When

1430-424: A large sum of money to a charity chosen by the two. They further specified they would drop the case if Steel and Morris agreed to "stop criticising McDonald's". Steel and Morris secretly recorded the meeting, in which McDonald's said the pair could criticise McDonald's privately to friends but must cease talking to the media or distributing leaflets. Steel and Morris wrote a letter in response saying they would agree to

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1560-466: A long time, it was set aside as an impractical ideal, with most discussions of health returning to the practicality of the biomedical model. Just as there was a shift from viewing disease as a state to thinking of it as a process, the same shift happened in definitions of health. Again, the WHO played a leading role when it fostered the development of the health promotion movement in the 1980s. This brought in

1690-517: A new conception of health, not as a state, but in dynamic terms of resiliency, in other words, as "a resource for living". In 1984, WHO revised the definition of health defined it as "the extent to which an individual or group is able to realize aspirations and satisfy needs and to change or cope with the environment. Health is a resource for everyday life, not the objective of living; it is a positive concept, emphasizing social and personal resources, as well as physical capacities." Thus, health referred to

1820-485: A night or less, were found to be four times more likely to catch a cold compared to those who reported sleeping for seven hours or more a night. Due to the role of sleep in regulating metabolism , insufficient sleep may also play a role in weight gain or, conversely, in impeding weight loss . Additionally, in 2007, the International Agency for Research on Cancer , which is the cancer research agency for

1950-410: A plaintiff with a civil cause of action to enforce certain laws or as a defendant in actions contesting the legality of the state's laws or seeking monetary damages for injuries caused by agents of the state. Conducting a civil action is called litigation. The plaintiffs and defendants are called litigants and the attorneys representing them are called litigators. The term litigation may also refer to

2080-513: A radical departure from previous definitions, the World Health Organization (WHO) proposed a definition that aimed higher, linking health to well-being , in terms of "physical, mental, and social well-being, and not merely the absence of disease and infirmity". Although this definition was welcomed by some as being innovative, it was also criticized for being vague and excessively broad and was not construed as measurable. For

2210-408: A reply to this counterclaim. The defendant may also file a " third party complaint ", which is the defendant's privilege to join another party or parties in the action with the belief that those parties may be liable for some or all of the plaintiff's claimed damages. An answer from the defendant in response to the claims made against him/her, can also include additional facts or a so-called "excuse" for

2340-587: A secondary care setting. Tertiary care medical services are provided by specialist hospitals or regional centers equipped with diagnostic and treatment facilities not generally available at local hospitals. These include trauma centers , burn treatment centers, advanced neonatology unit services, organ transplants , high-risk pregnancy, radiation oncology , etc. Modern medical care also depends on information – still delivered in many health care settings on paper records, but increasingly nowadays by electronic means . In low-income countries, modern healthcare

2470-407: A share of the ultimate settlement or award. If the case ultimately loses, the litigant does not have to pay any of the money funded back. Legal financing is different from a typical bank loan in that the legal financing company does not look at credit history or employment history. Litigants do not have to repay the cash advance with monthly payments, but do have to fill out an application so that

2600-475: A small environmental campaigning group that existed between 1972 and 2001. In 1986 they distributed "a few hundred copies" of a six-page leaflet titled "What's wrong with McDonald's: everything they don't want you to know" in Strand, London . The leaflet accused the company of paying low wages, cruelty to animals used in its products, damaging the environment, and other malpractices. The group were not affiliated with

2730-425: A system of universal health care that aims to guarantee care for all through a single-payer health care system, or compulsory private or co-operative health insurance . This is intended to ensure that the entire population has access to medical care on the basis of need rather than ability to pay. Delivery may be via private medical practices or by state-owned hospitals and clinics, or by charities, most commonly by

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2860-553: A time extension, but were denied. The verdict for the appeal was handed down on 31 March, in Court 1 at the Royal Courts of Justice. The judges ruled it was fair comment to say that McDonald's employees worldwide "do badly in terms of pay and conditions" and true "if one eats enough McDonald's food, one's diet may well become high in fat, etc., with the very real risk of heart disease". As a result of their further findings against

2990-415: A trial. It is sometimes said that 95% of cases end in settlement; few jurisdictions report settlements, but empirical analysis suggests that the settlement rate varies by type of lawsuit, with torts settling around 90% of the time and overall civil cases settling 50% of the time; other cases end due to default judgment , lack of a valid claim, and other reasons. At trial, each person presents witnesses and

3120-600: A variety of definitions, which have been used for different purposes over time. In general, it refers to physical and emotional well-being , especially that associated with normal functioning of the human body , absent of disease , pain (including mental pain ), or injury . Health can be promoted by encouraging healthful activities, such as regular physical exercise and adequate sleep, and by reducing or avoiding unhealthful activities or situations, such as smoking or excessive stress . Some factors affecting health are due to individual choices , such as whether to engage in

3250-473: A visible component of the United States' approach to improving population health. In each decade, a new version of Healthy People is issued, featuring updated goals and identifying topic areas and quantifiable objectives for health improvement during the succeeding ten years, with assessment at that point of progress or lack thereof. Progress has been limited to many objectives, leading to concerns about

3380-476: Is malnutrition , especially among children. One of the groups malnutrition affects most is young children. Approximately 7.5 million children under the age of 5 die from malnutrition, usually brought on by not having the money to find or make food. Bodily injuries are also a common health issue worldwide. These injuries, including bone fractures and burns , can reduce a person's quality of life or can cause fatalities including infections that resulted from

3510-415: Is a generalized description of how a lawsuit may proceed in a common law jurisdiction: A lawsuit begins when a complaint or petition, known as a pleading, is filed with the court. A complaint should explicitly state that one or more plaintiffs seek(s) damages or equitable relief from one or more stated defendants, and also should state the relevant factual allegations supporting the legal claims brought by

3640-416: Is a legal basis for the appeal, then one has the right to do so. The prevailing party may appeal, for example, if they wanted a larger award than was granted. The appellate court (which may be structured as an intermediate appellate court) and/or a higher court then affirms the judgment, declines to hear it (which effectively affirms it), reverses—or vacates and remands. This process would then involve sending

3770-446: Is a vindication of all the efforts of those around the world who have been exposing and challenging the corporation's business practices. In the course of the UK undercover policing relationships scandal it was revealed that one of the authors of the "McLibel leaflet" was Bob Lambert , an undercover police officer who infiltrated London Greenpeace . John Dines, another undercover officer,

3900-523: Is achieved through different combination of physical, mental , and social well-being—a combination sometimes referred to as the "health triangle." The WHO's 1986 Ottawa Charter for Health Promotion further stated that health is not just a state, but also "a resource for everyday life, not the objective of living. Health is a positive concept emphasizing social and personal resources, as well as physical capacities." Focusing more on lifestyle issues and their relationships with functional health, data from

4030-595: Is also possible for one state to apply the law of another in cases where additionally it may not be clear which level (or location) of court actually has jurisdiction over the claim or personal jurisdiction over the defendant, or whether the plaintiff has standing to participate in a lawsuit. About 98 percent of civil cases in the United States federal courts are resolved without a trial. Domestic courts are also often called upon to apply foreign law, or to act upon foreign defendants, over whom they may not even have

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4160-557: Is an ongoing process, shaped by both the evolution of health care knowledge and practices as well as personal strategies and organized interventions for staying healthy. An important way to maintain one's personal health is to have a healthy diet. A healthy diet includes a variety of plant-based and animal-based foods that provide nutrients to the body. Such nutrients provide the body with energy and keep it running. Nutrients help build and strengthen bones, muscles, and tendons and also regulate body processes (i.e., blood pressure ). Water

4290-486: Is called appearing pro se . Many courts have a pro se clerk to assist people without lawyers. A pretrial discovery can be defined as "the formal process of exchanging information between the parties about the witnesses and evidence they'll present at trial" and allows for the evidence of the trial to be presented to the parties before the initial trial begins. The early stages of the lawsuit may involve initial disclosures of evidence by each party and discovery , which

4420-595: Is concerned with threats to the overall health of a community based on population health analysis. The population in question can be as small as a handful of people or as large as all the inhabitants of several continents (for instance, in the case of a pandemic ). Public health has many sub-fields, but typically includes the interdisciplinary categories of epidemiology , biostatistics and health services . environmental health , community health , behavioral health , and occupational health are also important areas of public health. The focus of public health interventions

4550-415: Is essential for growth, reproduction and good health. Macronutrients are consumed in relatively large quantities and include proteins, carbohydrates, and fats and fatty acids. Micronutrients – vitamins and minerals – are consumed in relatively smaller quantities, but are essential to body processes. The food guide pyramid is a pyramid-shaped guide of healthy foods divided into sections. Each section shows

4680-582: Is housework, yardwork, walking or standing up when talking on the phone, is often thought to be better than none when it comes to health. Sleep is an essential component to maintaining health. In children, sleep is also vital for growth and development. Ongoing sleep deprivation has been linked to an increased risk for some chronic health problems. In addition, sleep deprivation has been shown to correlate with both increased susceptibility to illness and slower recovery times from illness. In one study, people with chronic insufficient sleep, set as six hours of sleep

4810-437: Is likewise important that the plaintiff select the proper venue with the proper jurisdiction to bring the lawsuit. The clerk of a court signs or stamps the court seal upon a summons or citation, which is then served by the plaintiff upon the defendant, together with a copy of the complaint. This service notifies the defendants that they are being sued and that they are limited in the amount of time to reply. The service provides

4940-399: Is no reasonable way that the other party could legally win and therefore there is no sense in continuing with the trial. Motions for summary judgment , for example, can usually be brought before, after, or during the actual presentation of the case. Motions can also be brought after the close of a trial to undo a jury verdict contrary to law or against the weight of the evidence, or to convince

5070-402: Is often too expensive for the average person. International healthcare policy researchers have advocated that "user fees" be removed in these areas to ensure access, although even after removal, significant costs and barriers remain. Separation of prescribing and dispensing is a practice in medicine and pharmacy in which the physician who provides a medical prescription is independent from

5200-732: Is the branch of science focused on health. There are two main approaches to health science: the study and research of the body and health-related issues to understand how humans (and animals) function, and the application of that knowledge to improve health and to prevent and cure diseases and other physical and mental impairments. The science builds on many sub-fields, including biology , biochemistry , physics , epidemiology , pharmacology , medical sociology . Applied health sciences endeavor to better understand and improve human health through applications in areas such as health education , biomedical engineering , biotechnology and public health . Organized interventions to improve health based on

5330-404: Is the structured exchange of evidence and statements between the parties. Discovery is meant to eliminate surprises, clarify what the lawsuit is about, and also to make the parties decide if they should settle or drop frivolous claims or defenses. At this point, the parties may also engage in pretrial motions to exclude or include particular legal or factual issues before trial. There is also

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5460-486: Is titled "McSpies". In recounting the history of the Special Demonstration Squad (SDS) it recounts the involvement of undercover policemen Bob Lambert and John Dines in the activities which led up to the trial. The Guardian later reported that Lambert had co-written the leaflet that was central to the libel trial. Steel has stated that Dines became treasurer of London Greenpeace. Documents from

5590-422: Is to prevent and manage diseases, injuries and other health conditions through surveillance of cases and the promotion of healthy behavior , communities , and (in aspects relevant to human health) environments . Its aim is to prevent health problems from happening or re-occurring by implementing educational programs , developing policies , administering services and conducting research . In many cases, treating

5720-490: The Alameda County Study suggested that people can improve their health via exercise , enough sleep , spending time in nature, maintaining a healthy body weight , limiting alcohol use, and avoiding smoking . Health and illness can co-exist, as even people with multiple chronic diseases or terminal illnesses can consider themselves healthy. If you want to learn about the health of a population, look at

5850-705: The BBC , made it the longest-running libel case in English history. McDonald's announced it did not plan to collect the £40,000 it was awarded by the courts. Following the decision, the European Court of Human Rights (ECHR) ruled in Steel & Morris v United Kingdom that the pair had been denied a fair trial, in breach of Article 6 of the European Convention on Human Rights (right to a fair trial), and their conduct should have been protected by Article 10 of

5980-469: The U.S. state of New York ) a lawsuit begins when one or more plaintiffs properly serve a summons and complaint upon the defendants. In such jurisdictions, nothing must be filed with the court until a dispute develops requiring actual judicial intervention. If the defendant chooses to file an answer within the time permitted, the answer must address each of the plaintiffs' allegations. The defendant has three choices to make, which include either admitting to

6110-540: The UK government to the European Court of Human Rights if necessary. In response to the verdict, David Pannick said in The Times : "The McLibel case has achieved what many lawyers thought impossible: to lower further the reputation of our law of defamation in the minds of all right thinking people." Steel and Morris appealed to the Law Lords , arguing that their right to legal aid had been unjustly denied. When

6240-650: The World Health Organization , declared that "shiftwork that involves circadian disruption is probably carcinogenic to humans", speaking to the dangers of long-term nighttime work due to its intrusion on sleep. In 2015, the National Sleep Foundation released updated recommendations for sleep duration requirements based on age, and concluded that "Individuals who habitually sleep outside the normal range may be exhibiting signs or symptoms of serious health problems or, if done volitionally, may be compromising their health and well-being." Health science

6370-516: The biomedical perspective, early definitions of health focused on the theme of the body's ability to function; health was seen as a state of normal function that could be disrupted from time to time by disease . An example of such a definition of health is: "a state characterized by anatomic, physiologic, and psychological integrity; ability to perform personally valued family, work, and community roles; ability to deal with physical , biological , psychological , and social stress ". Then, in 1948, in

6500-563: The cardiovascular system . According to the National Institutes of Health , there are four types of exercise: endurance , strength , flexibility , and balance . The CDC states that physical exercise can reduce the risks of heart disease, cancer, type 2 diabetes, high blood pressure, obesity, depression, and anxiety. For the purpose of counteracting possible risks, it is often recommended to start physical exercise gradually as one goes. Participating in any exercising, whether it

6630-536: The pharmacist who provides the prescription drug . In the Western world there are centuries of tradition for separating pharmacists from physicians. In Asian countries, it is traditional for physicians to also provide drugs. Public health has been described as "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals." It

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6760-769: The 1974 Lalonde report from Canada; the Alameda County Study in California; and the series of World Health Reports of the World Health Organization, which focuses on global health issues including access to health care and improving public health outcomes, especially in developing countries . The concept of the " health field, " as distinct from medical care , emerged from the Lalonde report from Canada. The report identified three interdependent fields as key determinants of an individual's health. These are: The maintenance and promotion of health

6890-627: The Convention, which protects the right to freedom of expression. The court awarded a judgment of £57,000 against the UK government. McDonald's itself was not involved in, or a party to, this action, as applications to the ECHR are independent cases filed against the relevant state . Franny Armstrong and Ken Loach made a documentary film, McLibel , about the case. Helen Steel and David Morris were two environmental activists of London Greenpeace ,

7020-404: The Court held: in a democratic society even small and informal campaign groups, such as London Greenpeace, must be able to carry on their activities effectively and that there exists a strong public interest in enabling such groups and individuals outside the mainstream to contribute to the public debate by disseminating information and ideas on matters of general public interest such as health and

7150-649: The European Court decision, other than to point out that it was the Government and not McDonald's who was the losing party and that "times have changed and so has McDonald's". On a website aiming to state its view on issues raised about it, McDonald's stated that the case is in the past and the issues more so, and that both sides in it have moved on (although Morris and Steel did continue related litigation). Chapter 5 of Paul Lewis and Rob Evans ' 2012 book Undercover: The True Story of Britain's Secret Police

7280-530: The Law Lords refused to accept the case, the pair formally retained solicitor Mark Stephens and barrister Keir Starmer to file a case with the European Court of Human Rights (ECHR), contesting the UK government's policy that legal aid was not available in libel cases, and setting out a highly detailed case for what they believed to be the oppressive and unfair nature of UK libel laws in general, and in their case in particular. In September 2004, this action

7410-467: The UK government pay Steel and Morris £57,000 in compensation. In their ruling, the ECHR criticised the way in which UK laws had failed to protect the public right to criticise corporations whose business practices affect people's lives and the environment (which violates Article 10); they also ruled that the trial was biased because of the defendants' comparative lack of resources and what they believed were complex and oppressive UK libel laws. In particular

7540-412: The ability of one to make an under-oath statement during the pretrial, also known as a deposition. The deposition can be used in the trial or just in the pretrial, but this allows for both parties to be aware of the arguments or claims that are going to be made by the other party in the trial. It is notable that the depositions can be written or oral. At the close of discovery, the parties may either pick

7670-482: The ability of one to present claims or defenses at any subsequent trial, or even lead to the dismissal of the lawsuit altogether. Though the majority of lawsuits are settled before ever reaching trial, they can still be very complicated to litigate. This is particularly true in federal systems, where a federal court may be applying state law (e.g. the Erie doctrine , for example in the United States ), or vice versa. It

7800-486: The ability to enforce a judgment if the defendant's assets are theoretically outside their reach. Lawsuits can become additionally complicated as more parties become involved (see joinder ). Within a "single" lawsuit, there can be any number of claims and defenses (all based on numerous laws) between any number of plaintiffs or defendants. Each of these participants can bring any number of cross-claims and counterclaims against each other, and even bring additional parties into

7930-439: The ability to maintain homeostasis and recover from adverse events. Mental, intellectual, emotional and social health referred to a person's ability to handle stress, to acquire skills, to maintain relationships, all of which form resources for resiliency and independent living . This opens up many possibilities for health to be taught, strengthened and learned. Since the late 1970s, the federal Healthy People Program has been

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8060-451: The air they breathe, the water they drink, and the places where they live. The environment is often cited as an important factor influencing the health status of individuals. This includes characteristics of the natural environment , the built environment and the social environment . Factors such as clean water and air , adequate housing , and safe communities and roads all have been found to contribute to good health, especially to

8190-414: The allegation, denying it, or pleading a lack of sufficient information to admit or deny the allegation. Some jurisdictions, like California and Florida, still authorize general denials of each and every allegation in the complaint. At the time the defendant files an answer, the defendant also raises all "affirmative" defenses. The defendant may also assert counterclaims for damages or equitable relief against

8320-425: The approximate meaning of some kind of legal proceeding, but an action terminated when a judgment was rendered, while a suit also included the execution of the judgment. Particularly in the United States, plaintiffs and defendants who lack financial resources for litigation or other attorney's fees may be able to obtain legal financing . Legal financing companies can provide a cash advance to litigants in return for

8450-507: The benefit of humans, such as in the sense of healthy communities , healthy cities or healthy environments . In addition to health care interventions and a person's surroundings, a number of other factors are known to influence the health status of individuals. These are referred to as the "determinants of health", which include the individual's background, lifestyle, economic status, social conditions and spirituality; Studies have shown that high levels of stress can affect human health. In

8580-453: The case of the businessmen and women who manage them, the limits of acceptable criticism are wider in the case of such companies. In response to the European Court of Human Rights' decision, Steel and Morris issued the following press release: Having largely beaten McDonald's ... we have now exposed the notoriously oppressive and unfair UK laws. As a result of the ... ruling today, the government may be forced to amend or scrap some of

8710-528: The case showed that McDonald's private investigators had been receiving information from the Metropolitan Police. The Metropolitan Police were sued over this, which was settled out of court and with an apology and the Metropolitan Police undertaking not to share information from police computers with corporations. A feature-length documentary film, McLibel , was made about the case by Franny Armstrong and Ken Loach in 1997. An extended version

8840-459: The case was the subject for a programme in the BBC Radio 4 series The Reunion . Lawsuit A lawsuit may involve resolution of disputes involving issues of private law between individuals, business entities or non-profit organizations . A lawsuit may also involve issues of public law in the sense that the state is treated as if it were a private party in a civil case, either as

8970-513: The claimant, policyholder, or applicant files a lawsuit with the courts to seek review of that decision, and from that point forward participates in the lawsuit as a plaintiff. In other words, the terms "claimant" and "plaintiff" carry substantially different connotations of formality in American English, in that only the latter risks an award of costs in favor of an adversary in a lawsuit. In medieval times, both "action" and "suit" had

9100-669: The codified text of the Ku Klux Klan Act . The fusion of common law and equity in England in the Judicature Acts of 1873 and 1875 led to the collapse of that distinction, so it became possible to speak of a "lawsuit." In the United States , the Federal Rules of Civil Procedure (1938) abolished the distinction between actions at law and suits in equity in federal practice, in favor of a single form referred to as

9230-479: The conducting of criminal actions (see criminal procedure ). The word "lawsuit" derives from the combination of law and suit. Suit derives from the old French "suite, sieute" meaning to pursue or follow. This term was derived from the Latin "secutus", the past participle of "sequi" meaning to attend or follow. Similarly, the word "sue", derives from the old French "suir, sivre" meaning to pursue or follow after. This

9360-450: The corporation, the three Lord Justices reduced Mr Justice Bell's award of £60,000 damages to McDonald's by £20,000. The court ruled against the argument by Steel and Morris that multinational corporations should no longer be able to sue for libel over public interest issues. Steel and Morris announced their intention to appeal over these and other points to the House of Lords , and then take

9490-421: The costs of litigation and attorneys' fees, and for this reason, many litigants turn to reputable legal financing companies to apply for a cash advance to help pay for bills. Defendants, civil rights organizations, public interest organizations, and government public officials can all set up an account to pay for litigation costs and legal expenses. These legal defense funds can have large membership counts where

9620-413: The doctrine of res judicata from relitigating any of the issues, even under different legal theories. Judgments are typically a monetary award. If the defendant fails to pay, the court has various powers to seize any of the defendant's assets located within its jurisdiction, such as: If all assets are located elsewhere, the plaintiff must file another suit in the appropriate court to seek enforcement of

9750-419: The effectiveness of Healthy People in shaping outcomes in the context of a decentralized and uncoordinated US health system. Healthy People 2020 gives more prominence to health promotion and preventive approaches and adds a substantive focus on the importance of addressing social determinants of health. A new expanded digital interface facilitates use and dissemination rather than bulky printed books as produced in

9880-487: The environment. The safeguard afforded by Article 10 to journalists in relation to reporting on issues of general interest is subject to the proviso that they act in good faith in order to provide accurate and reliable information in accordance with the ethics of journalism ..., and the same principle must apply to others who engage in public debate. It is true that large public companies inevitably and knowingly lay themselves open to close scrutiny of their acts and, as in

10010-414: The evidence collected is recorded. After this occurs, the judge or jury renders their decision. Generally speaking, the plaintiff has the burden of proof in making his claims, however, the defendant may have the burden of proof on other issues, such as affirmative defenses . The attorneys are held responsible in devising a trial strategy that ensures they meet the necessary elements of their case or (when

10140-466: The existing UK laws. We hope that this will result in greater public scrutiny and criticism of powerful organisations whose practices have a detrimental effect on society and the environment. The McLibel campaign has already proved that determined and widespread grass roots protests and defiance can undermine those who try to silence their critics, and also render oppressive laws unworkable. The continually growing opposition to McDonald's and all it stands for

10270-421: The expertise or procedures performed by specialists. These include both ambulatory care and inpatient services, Emergency departments , intensive care medicine , surgery services, physical therapy , labor and delivery , endoscopy units, diagnostic laboratory and medical imaging services, hospice centers, etc. Some primary care providers may also take care of hospitalized patients and deliver babies in

10400-427: The first decade of the 21st century, the conceptualization of health as an ability opened the door for self-assessments to become the main indicators to judge the performance of efforts aimed at improving human health. It also created the opportunity for every person to feel healthy, even in the presence of multiple chronic diseases or a terminal condition, and for the re-examination of determinants of health (away from

10530-511: The globe. Disease is one of the most common. According to GlobalIssues.org, approximately 36 million people die each year from non-communicable (i.e., not contagious) diseases, including cardiovascular disease , cancer , diabetes and chronic lung disease. Among communicable diseases, both viral and bacterial, AIDS / HIV , tuberculosis , and malaria are the most common, causing millions of deaths every year. Another health issue that causes death or contributes to other health problems

10660-448: The health and well-being of their employees, as are school health services to improve the health and well-being of children. Contemporary medicine is in general conducted within health care systems . Legal, credentialing and financing frameworks are established by individual governments, augmented on occasion by international organizations, such as churches. The characteristics of any given health care system have significant impact on

10790-410: The health of infants and children. Some studies have shown that a lack of neighborhood recreational spaces including natural environment leads to lower levels of personal satisfaction and higher levels of obesity , linked to lower overall health and well-being. It has been demonstrated that increased time spent in natural environments is associated with improved self-reported health, suggesting that

10920-475: The individual and society. According to the World Health Organization , the main determinants of health include the social and economic environment, the physical environment, and the person's individual characteristics and behaviors. More specifically, key factors that have been found to influence whether people are healthy or unhealthy include the following: An increasing number of studies and reports from different organizations and contexts examine

11050-404: The individual realizes his or her own abilities, can cope with the normal stresses of life, can work productively and fruitfully, and is able to make a contribution to his or her community". Mental health is not just the absence of mental illness. Mental illness is described as 'the spectrum of cognitive, emotional, and behavioral conditions that interfere with social and emotional well-being and

11180-432: The infliction of unnecessary cruelty to animals , and they were "antipathetic" to unionisation and paid their workers low wages. Furthermore, although the decision awarded £60,000 to the company, McDonald's legal costs were much greater, and the defendants lacked the funds to pay it. Steel and Morris immediately appealed against the decision. In 1998 a documentary film was made about the case, also titled McLibel . This

11310-438: The injury (or the severity injury in general). Lifestyle choices are contributing factors to poor health in many cases. These include smoking cigarettes, and can also include a poor diet, whether it is overeating or an overly constrictive diet. Inactivity can also contribute to health issues and also a lack of sleep, excessive alcohol consumption, and neglect of oral hygiene. There are also genetic disorders that are inherited by

11440-603: The internet. For example, in the case of William J. Ralph Jr. v. Lind-Waldock & Company (September 1999), one would assume that Ralph lost the case when in fact, upon review of the evidence, it was found that Ralph was correct in his assertion that improper activity took place on the part of Lind-Waldock, and Ralph settled with Lind-Waldock. Cases such as this illustrate the need for more comprehensive information than mere internet searches when researching legal decisions. While online searches are appropriate for many legal situations, they are not appropriate for all. The following

11570-416: The judge to change the decision or grant a new trial. Also, at any time during this process from the filing of the complaint to the final judgment, the plaintiff may withdraw the complaint and end the whole matter, or the defendant may agree to a settlement. If the case settles, the parties might choose to enter into a stipulated judgment with the settlement agreement attached, or the plaintiff may simply file

11700-555: The larger Greenpeace International organisation, which they declined to join as they saw it as too "centralised and mainstream". In 1990, McDonald's brought libel proceedings against five London Greenpeace supporters, Paul Gravett, Andrew Clarke and Jonathan O'Farrell, as well as Steel and Morris, for distributing the sheet on the streets of London. This case followed past instances in which McDonald's threatened to sue more than fifty organisations for libel, including Channel 4 television and several major publications. In all such cases,

11830-416: The lawsuit back to the lower trial court to address an unresolved issue, or possibly request for a whole new trial. Some lawsuits go up and down the appeals ladder repeatedly before final resolution. The appeal is a review for errors rather than a new trial, so the appellate court will defer to the discretion of the original trial court if an error is not clear. The initial step in making an appeal consists of

11960-408: The lawsuit is finally resolved, or the allotted time to appeal has expired, the matter is res judicata , meaning the plaintiff may not bring another action based on the same claim again. In addition, other parties who later attempt to re-litigate a matter already ruled on in a previous lawsuit will be estopped from doing so. When a final judgment is entered, the plaintiff is usually barred under

12090-467: The legal financing company can review the merits of the case. Legal financing can be a practical means for litigants to obtain financing while they wait for a monetary settlement or an award in their personal injury , workers' compensation , or civil rights lawsuit. Often, plaintiffs who were injured or forced to leave their jobs still have mortgages , rent, medical expenses, or other bills to pay. Other times, litigants may simply need money to pay for

12220-553: The lifestyle of their families . For example, genetics may play a role in the manner in which people cope with stress , either mental, emotional or physical. For example, obesity is a significant problem in the United States that contributes to poor mental health and causes stress in the lives of many people. One difficulty is the issue raised by the debate over the relative strengths of genetics and other factors; interactions between genetics and environment may be of particular importance. A number of health issues are common around

12350-478: The linkages between health and different factors, including lifestyles, environments, health care organization and health policy , one specific health policy brought into many countries in recent years was the introduction of the sugar tax . Beverage taxes came into light with increasing concerns about obesity, particularly among youth. Sugar-sweetened beverages have become a target of anti-obesity initiatives with increasing evidence of their link to obesity. —such as

12480-709: The lives and productivity of people. Having a mental illness can seriously impair, temporarily or permanently, the mental functioning of a person. Other terms include: 'mental health problem', 'illness', 'disorder', 'dysfunction'. Approximately twenty percent of all adults in the US are considered diagnosable with a mental disorder. Mental disorders are the leading cause of disability in the United States and Canada. Examples of these disorders include schizophrenia , ADHD , major depressive disorder , bipolar disorder , anxiety disorder , post-traumatic stress disorder and autism .  Many factors contribute to mental health problems, including: Achieving and maintaining health

12610-405: The lower court. There were no errors made, the case would then end, but if the decision was reversed, the appellate court would then send the case back down to the lower court level. There, a new trial will be held and new information taken into account. Some jurisdictions, notably the United States, but prevalent in many other countries, prevent parties from relitigating the facts on appeal, due to

12740-783: The media outlets settled and apologised. Under English defamation law at the time, the defendant had to show that each disparaging statement made was substantively true. This could be an expensive and time-consuming process. Gravett, Clarke and O'Farrell apologised as requested by McDonald's, but Steel and Morris chose to defend the case. The two were denied legal aid , as was policy for libel cases, despite having limited income. Thus, they had to represent themselves, though they received significant pro bono assistance, including from Keir Starmer . Steel and Morris called 180 witnesses, seeking to prove their assertions about food poisoning , unpaid overtime , misleading claims about how much McDonald's recycled , and "corporate spies sent to infiltrate

12870-498: The members contribute to the fund. Unlike legal financing from legal financing companies, legal defense funds provide a separate account for litigation rather than a one-time cash advancement, nevertheless, both are used for purposes of financing litigation and legal costs. There was a study conducted in the Supreme Court Economic Review that shows why litigation financing can be practical and beneficial to

13000-406: The motion be filed within the time period specified in the summons for an answer. If all of the above motions are denied by the trial court, and the defendant loses on all appeals from such denials (if that option is available), and finally the defendant must file an answer. Usually the pleadings are drafted by a lawyer , but in many courts persons can file papers and represent themselves, which

13130-399: The opposing party has the burden of proof) to ensure the opponent will not be able to meet his or her burden. There are numerous motions that either party can file throughout the lawsuit to terminate it "prematurely"—before submission to the judge or jury for final consideration. These motions attempt to persuade the judge, through legal argument and sometimes accompanying evidence, that there

13260-572: The other court's previous judgment. This can be a difficult task when crossing from a court in one state or nation to another, however, courts tend to grant each other respect when there is not a clear legal rule to the contrary. A defendant who has no assets in any jurisdiction is said to be " judgment-proof ." The term is generally a colloquialism to describe an impecunious defendant. Indigent judgment-proof defendants are no longer imprisoned; debtor's prisons have been outlawed by statute, constitutional amendment, or international human rights treaties in

13390-517: The overall court system and lawsuits within the court. This study concluded that the new rules that were set for litigation financing actually did produce more settlements. Under conservative rules, there tended to be fewer settlements, however under the older rules they tended to be larger on average. Legal financing can become an issue in some cases, varying from case to case and person to person. It can be beneficial in many situations, however also detrimental in others. Health Health has

13520-407: The pamphlet to be false. They found it difficult to support this position despite the indirectness of some of the claims. The case eventually became a media circus . McDonald's executives, including Ray Cesca, entered the witness box, enabling cross-examination by the defendants. In June 1995 McDonald's offered to settle the case (which "was coming up to its [tenth] anniversary in court") by donating

13650-434: The past. The impact of these changes to Healthy People will be determined in the coming years. Systematic activities to prevent or cure health problems and promote good health in humans are undertaken by health care providers . Applications with regard to animal health are covered by the veterinary sciences . The term "healthy" is also widely used in the context of many types of non-living organizations and their impacts for

13780-495: The person and can vary in how much they affect the person (and when they surface). Although the majority of these health issues are preventable, a major contributor to global ill health is the fact that approximately 1 billion people lack access to health care systems. Arguably, the most common and harmful health issue is that a great many people do not have access to quality remedies. The World Health Organization describes mental health as "a state of well-being in which

13910-410: The petitioner filing a notice of appeal and then sending in a brief, a written document stating reason for appeal, to the court. Decisions of the court can be made immediately after just reading the written brief, or there can also be oral arguments made by both parties involved in the appeal. The appellate court then makes the decision about what errors were made when the law was looked at more closely in

14040-451: The plaintiff. For example, in the case of "compulsory counterclaims," the defendant must assert some form of counterclaim or risk having the counterclaim barred in any subsequent proceeding. In the case of making a counterclaim, the defendant is making a motion directed towards the plaintiff claiming that he/she was injured in some way or would like to sue the plaintiff. The plaintiff in this example would then receive some amount of time to make

14170-400: The plaintiffs. As the initial pleading, a complaint is the most important step in a civil case because a complaint sets the factual and legal foundation for the entirety of a case. While complaints and other pleadings may ordinarily be amended by a motion with the court, the complaint sets the framework for the entire case and the claims that will be asserted throughout the entire lawsuit. It

14300-400: The plead. Filing an answer "joins the cause" and moves the case into the pre-trial phase. Instead of filing an answer within the time specified in the summons, the defendant can choose to dispute the validity of the complaint by filing a demurrer (in the handful of jurisdictions where that is still allowed) or one or more "pre-answer motions," such as a motion to dismiss. It is important that

14430-412: The positive health benefits of natural space in urban neighborhoods should be taken into account in public policy and land use. Genetics , or inherited traits from parents, also play a role in determining the health status of individuals and populations. This can encompass both the predisposition to certain diseases and health conditions, as well as the habits and behaviors individuals develop through

14560-553: The possible exploitation of information for commercial gain on the other. Provision of medical care is classified into primary, secondary, and tertiary care categories. Primary care medical services are provided by physicians , physician assistants , nurse practitioners , or other health professionals who have first contact with a patient seeking medical treatment or care. These occur in physician offices, clinics , nursing homes , schools, home visits, and other places close to patients. About 90% of medical visits can be treated by

14690-432: The primary care provider. These include treatment of acute and chronic illnesses, preventive care and health education for all ages and both sexes. Secondary care medical services are provided by medical specialists in their offices or clinics or at local community hospitals for a patient referred by a primary care provider who first diagnosed or treated the patient. Referrals are made for those patients who required

14820-528: The principles and procedures developed through the health sciences are provided by practitioners trained in medicine , nursing , nutrition , pharmacy , social work , psychology , occupational therapy , physical therapy and other health care professions . Clinical practitioners focus mainly on the health of individuals, while public health practitioners consider the overall health of communities and populations. Workplace wellness programs are increasingly being adopted by companies for their value in improving

14950-421: The punishment. In criminal cases the situation is a little different, because in this case the judge does not have the authority to change the jury decision. After a final decision has been made, either party or both may appeal from the judgment if they believe there had been a procedural error made by the trial court. It is not necessarily an automatic appeal after every judgment has been made, however, if there

15080-415: The ranks of London Greenpeace". McDonald's spent several million pounds, while Steel and Morris spent £30,000; this disparity in funds meant Steel and Morris were not able to call all the witnesses they wanted, especially witnesses from South America who were intended to support their claims about McDonald's activities in that continent's rainforests. In its libel allegation, McDonald's asserted all claims in

15210-631: The recommended intake for each food group (i.e., protein, fat, carbohydrates and sugars). Making healthy food choices can lower one's risk of heart disease and the risk of developing some types of cancer , and can help one maintain their weight within a healthy range. The Mediterranean diet is commonly associated with health-promoting effects. This is sometimes attributed to the inclusion of bioactive compounds such as phenolic compounds , isoprenoids and alkaloids . Physical exercise enhances or maintains physical fitness and overall health and wellness. It strengthens one's bones and muscles and improves

15340-485: The same jurisdiction. It is important for litigants to be aware of all relevant procedural rules (or to hire competent counsel who can either comply with such rules on their behalf or explain the rules to them), because the litigants ultimately dictate the timing and progression of the lawsuit. Litigants are responsible for obtaining the desired result and the timing of reaching this result. Failure to comply with procedural rules may result in serious limitations that can affect

15470-451: The suit on either side after it progresses. In reality, however, courts typically have some power to sever claims and parties into separate actions if it is more efficient to do so. A court can do this if there is not a sufficient overlap of factual issues between the various associates, separating the issues into different lawsuits. The official ruling of a lawsuit can be somewhat misleading because post-ruling outcomes are often not listed on

15600-413: The terms if McDonald's ceased advertising its products and instead only recommended the restaurant privately to friends. The case was adjudicated by Mr Justice Rodger Bell. On 19 June 1997, Bell delivered his more than 1,000-page judgment largely in favour of McDonald's, finding the claims that McDonald's was responsible for starvation and deforestation were false and libellous. The ruling was summarized by

15730-420: The traditional approach that focuses on the reduction of the prevalence of diseases). In general, the context in which an individual lives is of great importance for both his health status and quality of life. It is increasingly recognized that health is maintained and improved not only through the advancement and application of health science , but also through the efforts and intelligent lifestyle choices of

15860-400: The trial court. American terminology is slightly different, in that the term "claim" refers only to a particular count or cause of action alleged in a complaint. Similarly, "defense" refers to only one or more affirmative defenses alleged in an answer. Americans also use "claim" to describe an extrajudicial demand filed with an insurer or administrative agency. If the claim is denied, then

15990-422: The vast majority of common law jurisdictions. Scholars in law, economics and management have studied why firms involved in a dispute choose between private dispute resolution—such as negotiation, mediation, and arbitration—and litigation. During the 18th and 19th centuries, it was common for lawyers to speak of bringing an "action" at law and a "suit" in equity . An example of that distinction survives today in

16120-475: The way medical care is provided. From ancient times, Christian emphasis on practical charity gave rise to the development of systematic nursing and hospitals and the Catholic Church today remains the largest non-government provider of medical services in the world. Advanced industrial countries (with the exception of the United States ) and many developing countries provide medical services through

16250-520: Was Helen Steel's partner for two years; she was unaware of his true identity and motives. The Defamation Act 2013 brought some changes to libel cases, which were expected to make it harder for corporations to abuse libel law. The McLibel case also raised awareness about how defamation proceedings can harm the reputation of companies that raise them, similarly to the Streisand effect . The McLibel film quoted McDonald's as offering little comment on

16380-425: Was adjudicated by Lord Justices Pill and May and Mr Justice Keene . The defendants represented themselves in court, assisted by first year law student Kalvin P. Chapman ( King's College London ). McDonald's were represented by libel lawyer Richard Rampton , and a junior barrister, Timothy Atkinson, and Ms Pattie Brinley-Codd of Barlow, Lyde & Gilbert. Steel and Morris filed a 63-point appeal. They had requested

16510-447: Was also derived from the Latin word "sequi". Rules of criminal or civil procedure govern the conduct of a lawsuit in the common law adversarial system of dispute resolution. Procedural rules arise from statutory law , case law , and constitutional provisions (especially the right to due process ). The details of each kind of legal procedure differ greatly from jurisdiction to jurisdiction, and often from court to court even within

16640-405: Was heard by the ECHR. Lawyers for Steel and Morris argued that the lack of legal aid had breached the pair's right to freedom of expression and to a fair trial. On 15 February 2005, the European Court of Human Rights ruled that the original case had breached Article 6 (right to a fair trial) and Article 10 (right to freedom of expression) of the European Convention on Human Rights and ordered that

16770-551: Was produced in 2005, with estimated viewing audience of 25 million. The documentary features courtroom reconstructions of the trial. It also features interviews with Eric Schlosser (author of the 2001 book Fast Food Nation ), Morgan Spurlock (writer/director of the 2004 film Super Size Me ), Keir Starmer (who provided free legal support to the McLibel defendants for many years) and Howard Lyman who appeared on The Oprah Winfrey Show about Mad Cow disease . In April 2022

16900-566: Was updated in 2005 after the verdict of the final appeal. In September 1998, the pair sued the Metropolitan Police for disclosing confidential information to investigators hired by McDonald's and received £10,000 and an apology for the disclosure. An appeal began on 12 January 1999, and lasted 23 court days, ending on 26 February. The case was heard in Court 1 of the Court of Appeal in the Royal Courts of Justice . The case

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