1. Read chapter 4 and page 612 – 613 and page 560 (on product liability and tort law) before you begin this assignment
2. Watch the movie “A Civil Action”.
Note: Amazon, Google Play, VUDU, Playstation, and Microsoft Movie all stream this video.
3. Write 2-3 pages reaction paper include Part A & Part B.
Please note: Part A should take up 2/3 of the paper with Part B only taking up the remaining 1/3 of your paper.
Part A
The movie “A Civil Action” gives us a fictional account of the real legal case pertaining to the hazardous waste site that affected the children in the community of Woburn, Mass. The movie not only provides a description of the Woburn disaster but also an introduction to the issues surrounding environmental justice.
Please provide an assessment of the case from a legal point of view. What were the elements of negligence in this movie (duty, breach of duty, legal cause, proximate cause, and damages)? What were some of the legal defenses employed? What were some of the legal and factual problems in the case?
Part B
Choose one of the following quotes and explain what the character(s) mean in the movie and what it means to you.
What does the tag line “Justice has a price?” mean to you?
Jerome Facher: What’s your take?
Jan Schlichtmann: They’ll see the truth.
Jerome Facher: The truth? I thought we were talking about a court of law. Come on, you’ve been around long enough to know that a courtroom isn’t a place to look for the truth.
Jan Schlichtmann: It’s like this. A dead plaintiff is rarely worth more than a living severely-maimed plaintiff. However, if it’s a long slow agonizing death as opposed to a quick drowning or car wreck, the value can rise considerably. A dead adult in his 20’s is generally worth less than one who is middle aged. A dead woman less than a dead man. A single adult less than one who’s married. Black less than white. Poor less than rich. The perfect victim is a white male professional, 40 years old, at the height of his earning power, struck down at his prime. And the most imperfect, well in the calculus of personal injury law, a dead child is worth the least of all.
Anne Anderson: It is not about the money
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