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Case study of legal personality
Case study of legal personality
Civil action and trial procedure
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A Civil Action is a environmental based, yet thriller movie that was filmed based on a true story. The theme of the story can be interpreted as truth vs justice, as the main character Jan Schlichtmann is fighting for the safety of the city Woburn in Massachusetts. There are toxins in the city’s water supply, in result, causing many citizens of Woburn to die. Jan Schlichtmann is hired to take legal action against those who have caused the leak into the town’s water supply. At first, Jan rejects the case but after learning more about the situation he decides to take on the case, causing a downfall in his career and leaving him in a lifetime worth of debt. I’ve chosen to write about the bold, cocky Boston attorney Jan Schlichtmann as he is an important character in the movie, and he …show more content…
drives the plot of the case and the story. Jan Schlichtmann is a highly successful personal injury lawyer from Boston, Massachusetts.
He’s won multiple cases based on personal injury with his small team of lawyers, in his small firm located in Boston. He’s portrayed as intelligent, cocky, and dashing as he was once voted Top Ten Eligible Bachelors. Mr. Schlichtmann had a strong reputation in his home town and he was known for being a “selfless lawyer” who wanted nothing but the best for his clients. Jan had many success under his belt as an personal injury lawyer, but after the Woburn case, his life changed for the worst. In the beginning of the movie, it’s obvious as to why someone like Mr. Schlichtmann was voted Top 10 Eligible Bachelors. He has broad shoulders, he’s very stern, tall, and possessed a large amount of confidence with everyone he talked to in the room. Furthermore, Mr. Schlichtmann was very wealthy, good looking, and successful in his field of work. Jan was very aggressive with the defendants in his cases, as he used the manipulation tool of fear to get things out of his clients. He made sure he could get the highest profit for his clients possible and we see an example of this in the first scene of the
movie. Although, Jan Schlichtmann succeeded in his career with personal injury cases, after he stepped out of his comfort zone to do something different he began to cause the downfall of his career. After a long case filled with investments and help from others, Jan and his team are offered settlements offers. Jan becomes stubborn and lets his pride begin to interfere with his work and declines the offers presented. He began to realize the seriousness of the case after talking to his clients and decided the case was about more than just money. After the trial, the case was dismissed in the other party’s favor, and Jan walked away realizing he just lost a $20 million dollar settlement offer. In result, this caused him and his team to go broke; Jan lost his porsche, his house, and all his money after the case. On might portray the film as very detailed, as well as interesting because Jan decided to take on a job he’s never done before for the greater good, and in result he lost everything he possessed. Jan is a powerful character, that had it all, but let his pride and demanding characteristics get in the way of his job. Jan decides to permanently become a lawyer that represents clients with environmental problems and is working on getting out of years worth of debt. On may think Jan had made mistakes that will affect his life forever, but he’s doing something that is help to others and that’s what makes him such a strong character in the movie.
It is the case against “Dr. Wolodzko” (defendant) by “Mrs. Stowers” (the plaintiff) in Wayne County court for the actions taken by the defendant and confinement of the plaintiff in the private mental hospital based on valid court order.
In the past recent years, we have heard in the news around cases involving assault and battery cases involving professional athletes or other celebrity figures, however, it is “not uncommon in the sport and recreation environment for a person to be harmed as a result of another’s intentional conduct, both on and off the “field of play” Cotten & Wolohan, p. 214). Nonetheless, it is important to understand that the term “liability” is often not limited to athletes-as-combatants. For example, in Law for recreation & sport managers uses an example from page 215 that discusses a youth football game regarding how a referee was attacked by three coaches and also was tackled by a 14-year-old player, resulting in charges of felony battery. Thus, Hamakawa remarks to say, ”recreation and sport managers should be aware that their organizations are not immune from incidents involving participants, parents and other spectators, coaches, and officials, security
Abington v. Schempp was an important case regarding the establishment of religion in American schools. Until the late twentieth century, most children were sent to schools which had some sort of religious instruction in their day. The schools taught the morals, values, and beliefs of Christianity in addition to their everyday curriculum. However, as some people began to drift away from Christianity, parents believed this was not fair to the kids and justifiable by the government. They thought public schools should not be affiliated with religion to ensure the freedom of all of the families who send students there. Such is the situation with the 1963 Supreme Court case Abington v. Schempp.
Her description is full of emotional words and phrases which enable the reader to feel indignant about the case’s verdict-Nelson is convicted of vehicular homicide following the death of her son. Malchik emphasizes that “[T]he driver who had two previous hit-and-run convictions pleaded guilty,” but the mother who lost her son is forced to be jailed for a longer time. This part of description shapes a poor image of a mother who in order to feed her tired and hungry children, has no choice but to jaywalk. The author explains to the reader that Nelson chooses to jaywalk not because she is crazy, but because of her mother’s identity as well as lack of safer road for them. The purpose of the author is touching readers to sympathize with the mother, assuaging the mother’s guilt, and proving that walking should be human beings’ freedom and liberty. Adding to this idea are words and phrases such as, “instinctive,” “injustice,” “the narrowest,” “lost right,” “Orwellian fashion,” “more treacherous,” “laziness,” and “scorn” (Malchik). All of these emotional words are awkward for Americans. As the author indicates, “[T]he ability to walk is a struggle, a fight, a risk”, which can help to arouse readers’ awareness of protecting their lost opportunities and rights. Apart from these, at the end of the article, Malchik uses several imperative sentences like: “Open your door; go for a walk; feel the spring”, to strengthen the tone. It is also an effective way to attract readers and create strong emotional
In the beginning of the movie, the mothers of the victims went to Mr. Schlichtmann who was the lawyer that ultimately helped them with their case. All they ultimately wanted was an apology. However, Schlichtmann worked for a small firm. This firm typically took clients who are too poor to pay usually rather expansive legal fees in hopes of winning and receiving a chunk of a large settlement. As he sits and listens to the devastated mothers of the affected children, he contemplates if this is a case that would be worthy of getting involved with. Ultimately, as he did get involved with the case, he was able to prove that there was proximate cause. It is evident that various people were injured/hurt in this incident. Proximate cause is the defendant having foreseen the possible outcomes a such a situation and in this case it is easy to tell the possibilities of allowing hazardous waste into drinking water and even destructing the
In Dan McCall’s essay, “From the Reliable Narrator,” McCall stresses that the lawyer/narrator should be viewed as a reliable and trustworthy source. His perspective on the lawyer a “distinct minority”, as he feels very few view the lawyer in that way. Many critics see the lawyer as the opposite of McCall, and inforce that the lawyer is unreliable and blameworthy. That he is a representation of ‘consumer capitalism” and the he ‘is simply incapable of recognizing-the political and economic forces that have made him what he is” (McCall, 272). McCall uses other critic’s perspectives in order to reflect light on his own. He explains that the lawyer is someone he trusts, when he first read it at the age of eighteen and even now, because the lawyer
Wasserstrom considers a few options with in his discussion concerning a multitude of aspects faced by lawyers. "The lawyer's situation is different from that of other professionals. The lawyer is vulnerable to some moral criticism that does not as readily or as easily attach to any other professional." Thi...
Brannen Jr., Daniel E., Richard Clay Hare and Rebeca E. Valentine, Supreme Court Drama: Cases that Changed America. 2 ed. Detroit: V-X-L, 2011, Print,
Authors Barry Scheck and Peter Neufeld founded the innocence project at a law school in New York City, which has assisted in the exoneration of an astonishing number of innocent individuals. As legal aid lawyers, they blithely engaged in conflicts that implicated
Wasserman, Loretta. "Paul’s Case." Short Stories for Students. Ed. Kathleen Wilson. Vol. 2. Detroit: Gale, 1997. 192-209. Short Stories for Students. Gale. Web. 21 Jan. 2010.
Wasserman, Loretta. "Paul’s Case." Short Stories for Students. Ed. Kathleen Wilson. Vol. 2. Detroit: Gale, 1997. 192-209. Short Stories for Students. Gale. Web. 21 Jan. 2010.
Joe Miller is faced with finding the facts, mainly about why was this "promising" lawyer without a job? Was the firing of Andrew Beckon because he was an active homosexual with Aids? This being one of the biggest struggles taken by this hero? Now, In this case Joe faces many challenges.
It is never enough to create a great product; it has to be coupled with a desire for that product. The competitive advantage that Wedgwood brought to his company was the ability to create demand for goods. He was able to see the needs of the market before the market did and then cultivating market demand to satisfy those needs with his goods. A differentiation strategy was put into place by Wedgwood for his products as there were already a number of pottery options available on the market. Instead of the low quality, irregular options that were available on the market, Wedgwood’s pottery was made from clay, rather than wood, and was a more uniform finished product. A method of increasing demand by raising the perceived value of the pottery is to drive up demand by the high affluent. One of the ways that he accomplished this was through a technique called inertia selling. By putting a high quality and reputable product in the hands of the elite with no penalty, Wedgwood can display first-hand his high-end craftsmanship and design. With the working class working in the homes of...
Lawyers. In today's culture, just the word alone is enough to inspire countless jokes and endless sarcastic comments. Far from being the most loved profession, lawyers have attained a very bad image despite the importance of their work and the prestige and wealth that usually accompanies it. Were lawyers seen in this fashion when Charles Dickens was writing his magnificent pieces of literature? The image of lawyers of that time may not seem so different to the people who are about to enter the twenty-first century.
He is talking to a woman and she is telling him how his father has been to the clinic three times that month and there is nothing they can do about it any longer. He ask to speak with her supervisor which she is the supervisor. Once the woman states that her name is Shaniqua he makes a rude comment and she automatically hung up in his face. After this happens John has a negative impression of all African American women. He is discriminating against all African American women just because what happened with Shaniqua not giving his dad medical assistance. “Discrimination is a hurtful action toward a particular group of people because they belong to that group.” In another scene John is with his partner Hansen and they pull over the Thayer’s who look to be doing some type of sexual intercourse. He doesn’t pull them over, because they are performing sexual intercourse in the car but because they happen to be a part of the particular group he doesn’t like. Since his views of all African American women are changed as negative he forcefully takes his anger out on Christine by sexually harassing her in front of her husband. Her husband wants to react, but he is in a position to where he can’t do anything. Ryan knows what his partner is doing is wrong, but he has to be obedient seeing how he is a police officer. Obedience is following the demands of an authority. He talk’s his partner into letting them go rather than saying that he’s wrong and needs to