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Recommended: Judicial precedents
The procedural steps taken in the film “A Civil Action” were not fabricated like in most movies. It started with a complaint sent to Mr. Fatcher. He tries to get the accusations dismissed utilizing rule 11, a civil provision; “No evidential grounds to bring this suit”, Mr. Cheeseman states. The judge disagrees and states that the rule is “old and ambiguous”, and motion is denied. The discovery process begins. Mr. Schlichtmann starts by utilizing the form of discovery called depositions, when he comes across a deponent, named Mr. Lover, who states that the barrels filled with the chemicals were being dumped out back of the factory; this is the first key find for Mr. Schlichtmann. Mr. Fatcher also goes through the process of discover, however …show more content…
Fatcher will do whatever he can to prevent those families from appearing in trial. Mr. Schlichtmann continues his discovery through depositions and also gets a court order giving him the right to inspect the land that the tannery is on. This is a very expensive process as he must hire many scientists to get the evidence needed to build a persuasive argument. At the tannery one day Fatcher comes to see Mr. Schlichtmann to talk about settling the case, Fatcher offers to cover all of the expenses that the firm has undergone though at the end of the conversation Fatcher throws out a slight threat. The next scene they are meeting for a formal settlement with Mr. Cheeseman and the other associates present, but again the settlement attempt is un successful as the asking settlement number is 320 million dollars. Trial starts, it begins with the opening statements where they state a brief summary of the facts. They proceed to call witnesses to the stand and question them. At this point in the trial we return to Fatcher’s threat of not allowing those families to testify in
3. Procedural History: This matter comes before the court on motions of defendants for judgment notwithstanding the verdict, for new trial pursuant to Rule 59 of the Federal Rules of Civil Procedure, and for amended judgment. We have considered defendants' motions collectively and individually and conclude that neither a new trial, judgment notwithstanding the verdict, nor amended judgment is warranted. The evidence supports the jury's verdict.
The movie “A Civil Action” released on January 8, 1999 provides viewers with an extraordinary story of the nightmare that occurred in Woburn Massachusetts in the late 1970’s. The people of this small town at the time had no idea what was going on until there were various cases of Leukemia in small children that ultimately resulted in the early passing of them. The people eventually had gone to find out that the drinking water in this small town was contaminated and there were many women that stepped in to get answers. This movie is a tremendously jaw dropping, eye opening account of a heartbreaking true story incident. There are various elements of negligence in this movie including, duty, legal cause, proximate cause and damages.
In the film, A Civil Action, Trial Procedure was shown throughout the entire movie. There are many steps that need to be completed before a verdict and judgment can be reached. These steps are the pleadings, methods of discovery, pretrial hearings, jury selection, opening statements, introduction of evidence, cross examinations, closing arguments, instructions to the jury, and the verdict and judgment. The case in this movie was actually called Anderson v. Cryovac. The plaintiffs are the Anderson family, the Gamache family, the Kane family, the Robbins family, the Toomey family, and the Zona family. The plaintiffs’ attorneys are Jan Schlichtmann, Joe Mulligan, Anthony Roisman, Charlie Nesson, and Kevin Conway. The two co- defendants are W.R. Grace and Beatrice Foods. The two co-defendants’ attorneys are William Cheeseman, Jerome Facher, Neil Jacobs, and Michael Keating.
The novel Theodore Boone: Kid Lawyer has a very in-depth conflict that is showcased all throughout the novel. In Theo's community, there is a high-profile murder trial about to begin. Mr. Pete Duffy, a wealthy business man, is accused of murdering his wife Myra Duffy. The prosecutors have the idea that Mr. Duffy did it for the one million dollar insurance policy he took out on his wife earlier, however they have no proof to support this accusation (Grisham 53). The defendants do however have the proof that no one saw the murder, for all everyone knew, Mr. Duffy was playing his daily round of golf at the golf course right by his house. As the trial moved on, the jury was starting to lean towards letting Mr. Duffy walk a free man. To this point, there has been no proof to support the prosecutors statements that Mr. Duffy killed h...
Yet with the help of one aged yet wise and optimistic man he speaks his opinion, one that starts to not change however open the minds of the other eleven men on the jury. By doing this the man puts out a visual picture by verbally expressing the facts discussed during the trial, he uses props from the room and other items the he himself brought with him during the course of the trial. Once expressed the gentleman essentially demonstrate that perhaps this young man on trial May or may not be guilty. Which goes to show the lack of research, and misused information that was used in the benefit of the prosecution. For example when a certain factor was brought upon the trail; that being timing, whether or not it took the neighbor 15 seconds to run from his chair all the way to the door. By proving this right or wrong this man Juror #4 put on a demonstration, but first he made sure his notes were correct with the other 11 jurors. After it was
Linder, Douglas. “The Trial of Bruno Hauptmann.” Jurist Law. Jurist, 2002. Web. 6 Nov. 2013. Oxford, Edward. "The Other Trial Of The Century." American History 30.3 (1995):
“The trial was brought to a speedy conclusion. Not only did Judge Evans find the twelve guilty, fine them $100 each, and committed them to jail, but five people in the courtroom who had served as witnesses for the defense arrested. […] The police were then instructed to transfer the seventeen prisoners that night to the county jail”(30).
Who is the lawyer you may ask? What kind of person is the lawyer throughout the story? The lawyer doesn’t mention anything about himself except the fact of his job and age. He doesn’t even give his name nor the name of anyone in the story. Through the words that he speaks, the lawyer is a person who like to have structure. The enactment of dealing with people on a personal base is to much of a confrontation for lawyer. Through the ordeal of his interaction with each of his scriveners we learn that the lawyer plays it safe.
According to the Fifth and Fourteenth Amendments of the United States Constitution, the government is not allow to take away any individual’s life, liberty or property without a fair due process of law. Within the due process we can find the substantive and procedural process (Wasserman, 2004). The substantive put limits on the government actions such as interfering with certain personal basic interest. However, the procedural process protects the accused individual’s rights by ensuring that such person has the opportunity to be heard, and get a fair trial.
Type of action: This is a civil suit case alleging that the search and seizure of Dr.Ortegas office violated his Fourth Amendment right.
1. Define the terms takings as it relates to the environmental law and provide one example of a legally resolved taking case.
The Small Claims Procedure The small claims procedure is regulated by RSA 503 in 1973. It is a simple, speedy, and informal method by which an individual appears before a judge of the district or municipal court, presents his or her claim, and explains why another person or business owes money to him or her. Small Claims Court can award up to $5000 in damages (larger claims can be heard, but the maximum that can be awarded is $5000). Although not required in Small Claims Court, any persons or businesses involved in the proceedings may be represented by a lawyer if they wish. Another aspect of a small claims proceeding is that a judge may ask to hear any evidence deemed relevant and proper, since the technical rules of evidence do not apply in a small claims proceeding.
This story was about how two very smart and focused individuals who could manipulate a jury and the defense team in a multi-million dollar legal battle to receive a very large cash payment. The defense was Pynex, a tobacco company, and they had very deep pockets and were willing to pay for the correct verdict. A verdict for not guilty.
...y’re dumb. Here is a quote from Mr. Michie before the trial was, “One of the things I’d tried to impress upon the kids throughout the year was the importance of speaking up intelligently about matters that concerned them.” (P.8). What he did to get rid of the thoughts was a court trial, to get everyone involved with the situations; he wanted his students to voiced their opinions about the cased that they felt strongly toward.
One of the practical restraints possible to happen is that the company will have to allocate human resources, time, and money for legal assistance in order to complete the investigation. Time that is supposed to be spent on development of other projects will be used to interview key people and eyewitnesses. In the same manner, Steven and other employees will have to temporarily halt their tasks to attend to closed-door meetings.