He stated that the land was sacred to him because it had been in his family for so long. To find out more, including how to control cookies, a civil action essay, see here: Cookie Policy. Froomkin C6 In support of affirmative action, many people have organized groups to support their cause- keeping Affirmative Action. The Civil Rights Movement. A civil action essay Environmental Protection Agency forced Grace to fix the land which cost them millions of dollars. The decision that was made was that Beatrice was not guilty but Grace was possibly guilty. Filter Selected filters.
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The movie, A Civil Action was based on a real court case, Anderson V Cryovac. This movie shows the story of court case through Jan Schlichtmann. Jan Schlichtmann, played by John Travolta, is a very successful that belongs to a well known law firm. Schlichtmann law firm is approached by a group of unhappy families that resided in Woburn, Massachusetts, a civil action essay. All of these families had children that died of leukemia within a 15 year ban. The families believed that the cause of the leukemia came from the river and they wanted Jan Schlichtmann and his firm to fight for them. Schlichtmann, like all the other lawyers the families approached, was not up for the task.
This cases was going to coast a lot of money and time. Therefore, this case one case had huge risks and could a civil action essay a huge down fall for his firm financially and for his career. However, Schlichtmann changed his mind. After meeting with the Woburn families, Jan was pulled over for speeding. On the side of the road he noticed two large companies, Beatrice Foods and W. Schlichtmann knew these companies, because they were very big wealthy a civil action essay. After what he saw, he decided to represent the families and after the two corporations.
Every civil procedure has to start with a plea. The complaint is a a civil action essay document containing a short and plain statement of the plaintiff claim against the defendant. The plaintiff is Jan Schlichtmann and the families and the defendant is Beatrice and Grace. Schlichtmann ordered a pledging and in this he wrote to the courts that he wanted to take Beatrice and Grace to court for illegally dumping toxins into the river. After the pleading, the court then sent out a summons to Beatrice and Grace informing them that they were being taken to court. In reaction to the plea, Grace filed for dismissal thinking that rule ll would save them from going to court.
Schlichtmann began to work on the witnesses. The witnesses were pulled into a room one by one, with Jan, a stenographer and other lawyers from Jan firm He asked workers from both the companies. This worker was a neighbor of one of the victims. He said that he saw toxins being dumped into the river, a civil action essay. He just wanted the truth to be out, the attorney for grace tried to get the witness to stop answering questions. Once Schlichtmann realized that this employee wanted to tell him everything, Schlichtmann asked if he ever a civil action essay any symptoms after drinking the water.
The worker told him that his family drank from the water. One his kid had her second miscarriage and the other kid had multiple a civil action essay. Schlichtmann tries to get as many witnesses as possible. Schlichtmann hired a team of scientists to test samples from the river and soil and the geological make up of the land. This was a huge cost to the firm. Before the trial, is the pretrial. Each side presents their issues and discusses their matter that might help to dispose of the case quicker. Grace knows that they will lose the trail to the jury, due to the families sob stories about their dying children. Grace decides to call a settlement. Schlichtmann will only settle if his demands are met, he wanted 1. No settlement was made. Finally, the case made it to court.
Grace made the first opening statement, stating that yes, they had left a little bit of chemicals outside but not nearly enough to case harm. Beatrice, then made their opening statement hoe the parent s just want money and money will not bring their children back. After the defendants plead their case, Schlichtmann read his opening statement. He provide the jury with the contaminated soil samples that were found by the river. As Schlichtmann was questioning a witness, he asked the question why?. Lawyers should never ask why.
There is no a civil action essay for them to prepare for the answer that could be given. Schlichtmann becomes very emotional attached to the case and this cloud his judgement. It causes him to turn down the settlement made by Beatrice for 20 millions dollars. Schlichtmann firm is slowly beginning to crumble down. The firm mortgaged there house, car etc. They were going bankrupt. After all the witnesses were presented and the evidence was shown the jury had to come to a verdict. The decision that was made was that Beatrice was not guilty but Grace was possibly a civil action essay. The case was now between Schlichtmann and Grace. Grace offers a settlement, Schlichtmann denies.
The firm make Schlichtmann reconsider and accept the settlement of 8 million. After paying of the research expenses, a civil action essay, there is 4 million left for the families. They are not happy. He realized that he should target the guys who made the mess but he should get the ones responsible for cleaning it up. He gets all the evidence he needs to win the case however, since his partners left him, he had no money and had a very slim chance for an appeal. He than gave the evidence to the EPA. After all that was done, the judge found Beatrice guilty of hiding information from the court.
Woburn plant was closed in and both companies became responsible to clean the land, which cost You are commenting using your WordPress. com account. You are commenting using your Google account. You are commenting using your Twitter account. You are commenting using your Facebook account. Notify me of new comments via email, a civil action essay. Notify me of new posts via email. Josephine Stublick College Business Law Mr. Como January 4, A Civil Action The movie, A Civil Action was based on a real court case, Anderson V Cryovac. Share this: Twitter Facebook. Like this: Like Loading Leave a Reply Cancel reply Enter your comment here Fill in your details below or click an icon to log in:.
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More witnesses came forth and stated what had happened to them in their own rendition of the events. Both legal teams scheduled a meeting in order to seek an agreement between both parties so that they do not have to go to court. An out-of-court settlement is much easier for attorneys to do and it costs less for the corporations that are being brought to court. Discussions between attorneys and judge regarding the case and the laws surrounding the case took place. Pretrial hearings in this case were held in order to discuss the legal concepts and the the way the trial should play out. Opening Statements Every legal team involved in the lawsuit made their case to the jury through their opening statements.
Both defenses stated that they had no involvement in the unfortunate deaths of the children of Woburn. The deaths of the children have no correlation to water mistreatment by the corporations is essentially stated by the defense attorneys. Cross Examinations The trial following the introduction of evidence moves on to the cross examinations of witnesses involved in the case. An objection must always be excessively used in order to stop your opponent from having a good argument. By having your argument interrupted by constant objections and pauses, it lacks power and makes the argument seem weak.
Facher says this is a forbidden question because a lawyer never knows how a witness will respond to that question. Jan Schlichtmann asked this forbidden question to one witness in the trial. Jan had already proved his point, but he had wanted to go even further. Jan had to essentially start all over again. Closing Arguments There were no closing arguments as a deal had been made which ended the trial. Beatrice Foods was found not to be liable in this case so only W. Grace and Company had to settle with Schlichtmann. The two parties settled to a relatively smaller amount of money given that it was believed that Schlichtmann had a strong case and it would result in a huge settlement,the actual settlement was rather small. Schlichtmann was abandoned by his partners and left to rot. He later went on to dig into the case even further and he eventually brought it to the attention of the EPA which filed a lawsuit against both companies finding them both liable due to negligence.
Schlichtmann is currently a environmental protection attorney. Negligence is best defined as accidental or unintentional tort the failure to exercise the degree of care a reasonable person would have in a similar situation. A civil lawsuit is normally filed against those who are negligent in order to obtain monetary compensation for damages. Attorney Jan Schlichtmann filed suit against the two corporations for contaminating the drinking water which then had a correlation to young children dying from a chemical found in the contaminated water. Schlichtmann used geological evidence, experts, and eyewitnesses to prove that the plants owned by Beatrice and Grace had contaminated the water. Elements of negligence are as follows: breach of duty, duty of care, proximate cause, and actual harm.
Both companies owned plants along the contaminated water supply, both companies breached their duty to properly dispose of waste, death of little children resulted from a contaminated water supply and parents had to bury their own children. All the elements of negligence are displayed in this case, so there is no reason not to prosecute these companies to the fullest extent of the law. As all big corporations do, Grace and Beatrice need to face the consequences to their actions. Civil Rights and Liberties The issue of Civil Rights and Liberties in the Civil Rights Movement movie has great impact on American society, many years ago, as well as today. Putting myself in their position would immediately give me an understanding of how important the Civil Rights and Liberties I take for granted are.
You have to wonder if the people that have the right to vote and are taking it for granted even realize the heaviness of their actions. Even though the Civil Rights Act had been passed and the African Americans had the right to register, they were still b Civil Rights and LibertiesThe issue of Civil Rights and Liberties in the Civil Rights Movement movie has great impact on American society, many years ago, as well as today. Even though the Civil Rights Act had been passed and the African Americans had the right to register, they were still bein This program, in a time of Civil Rights Movements and wide spread discrimination against minorities, gave these minorities a benefit over many white American citizens.
This compromise can also be known as a form of Affirmative Action. Gatz and the other plaintiffs use the Fourteenth Amendment and Title IV of the Civil Rights Act, which they feel were violated, as their support in the case. Froomkin C6 In support of affirmative action, many people have organized groups to support their cause- keeping Affirmative Action. In affirmative action, it does just that. Civil Disobedience has a long,distinguished history. Without Civil Disobedience, the Civil Rights Movement wouldn't have gotten very far in the 60's. Civil Rights were not won only in courts. After seeing the actions taken by the court and president, Congress passed laws too.
Practitioners of Civil Disobedience basing their actions on moral right, and usually employ the nonviolent technique of passive resistance in order to bring wider attention to the injustice. Did you know, America's bloodiest battle fought on American soil, was the Civil War? The Civil War was fought between the northern states and the southern states. Brown's attack was one of the final causes that sparked the Civil War. Almost everybody had a family, relative, or friend that died in the Civil War. The actions of slavery, the Missouri Compromise, and John Brown's attack on Harpers Ferry were significant in causing the Civil War.
Type a new keyword s and press Enter to search. It can be defined as a way to be observant A Civil Action. When the parents of such children became aware of the amount of other children affected by this disease so A Civil Action Book Review. While watching the movie, A Civil Action, I identified a few legal issues that stood out to me within the movie. One was negligence and the other, an ethical dilemma. I found that the two companies, Grace and Beatrice, knowingly dumped toxic chemical solvents for A Civil Action Ethics Film Analysis. Although it does not get as much attention A Civil Action Justice Novel. In the award winning novel called, A Civil Action, there are several calculates that caused an outbreak of cancerous carcinogens in a small town called Woburn, Massachusetts.
The two main companies who were liable were called Beatrice Foods and W.
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