A civil action position paper essay

Sarah Moshel

11/1/98

AP American Record

Mrs. Remstein

Civil matches are important because they draw attention to problems. Even though the circumstance was to some degree of a failure, I feel that it had a great social impact. This did not match the task of being a vehicle to get social modify, although it got great potential, and did create a crucial awareness. Sociable change is actually a term selling that a legal action of a civil action should result in justifying the impartiality. That is not always happen- like in

A Civil Action.

Metropolis of Woburn, Massachusetts had a problem: it absolutely was being diseased. No one quite knew for what reason, but many occupants of the community were breaking out in to rashes, long-lasting stomach disorders, falling critically ill, and the children of Woburn had been dying of leukemia in statistically strange numbers that resulted in a leukemia bunch. Anne Anderson, a Woburn mother whose son Jimmy died of leukemia, drove authorities in to investigating water, which started the case against carelessness by simply big businesses.

Finally, in 1979, two wells supplying drinking water to Woburn had been shut down because health officials from the Environmental Protection Agency (EPA) thought they might have been polluted by industrial wastes. Both the main defendants were the W. R. Grace firm, a chemical and developing giant that built stainless steel equipment at a plant in Woburn, and Beatrice Foods, one other mega-corporation, which usually operated a tannery presently there. Toxic chemicals via these functions, many thought, had leaked in and contaminated the wells. One of the most serious of the chemicals was a carcinogen known as trichloroethylene, a solvent utilized to dissolve grease and olive oil, which explained the leukemia.

In city suits, the plaintiff wants justice to be served since they declare one to result in their injure. They want the defendants to pay, with regards to money and in terms of truth, to justify the pain they may have suffered. The problems and complaints in this specific case is that the water in East Woburn, which was consistently used, was contaminated with harmful and toxic chemicals. As the ingestion on this contaminated drinking water caused a large number of ailments, cell and other disorders, symptoms of health problems such as leukemia, and in some cases loss of life, the injured persons wanted reimbursement and a fair judgment up against the defendants. The defendants claimed that the accusations of the plaintiffs toward these prolific businesses were fake and should not be held accountable for the contamination with the unpalatable and dangerous water in Woburn.

There is a specific rule referred to as Rule eleven that was intended to prevent frivolous and irresponsible law suits that are baseless or made assumptions. Cheeseman used this in his initially attempt to action the case. He would base the accusation by showing that there is nothing in the TCE or perhaps percs that could cause leukemia because it was stated being unknown by EPA. The judge was impressed by Rule 11 because he thought that many cases were silly and unimportant and this rule should be applied more often. Although this rule was not passed. We as well see during that this guideline was pointed out later again in the book the moment Schlichtmann appeals the case as they had found more information against Riley and Beatrice. The main reason he uses Rule 14 was that he indicated that he didnt have complete information for the trial and that he built accusations that were frivolous and couldnt become proven without this information.

The method of any summary judgment was as well used in the case. It is a device used to assure that a court action isnt a workout in futility. Although the not always powerful, the main goal is to prove that one has a legitimate case. This dismisses unacceptable claims. An example of summary judgment used in this book is once Cheeseman attempted to use this as being a motion and asked Evaluate Skinner to dismiss the truth, on the grounds that sclichtmann would be not able to present any kind of competent clinical evidence showing that TCE causes leukemia. It was refused by the judge. We likewise see after in the book that Facher really wants to file for a synopsis judgment based upon the judges findings as well as the jurys consensus since the trial involving only the tannery is a hopeless work out. Through these methods we come across the constant immune of the businesses as well as impartialitys by the evaluate to acknowledge the errors of the massive corporate firms.

Civil matches are brought everyday although a lot of of them are baseless or called dogs in the book. If we were holding to be delivered to court it could be an excursive in futility, but in addition there are orphans which includes some potential to the case. I think that the potential of this suit to perform cultural change been with us but was rejected through Ers Judicita. Ers Judicita is when a subject once decided in a court remains determined, and this is what the assess used to rebuttal the truthful information which contradicted the verdict. Idea was stated strongly in this book. As soon as the verdict was made, the assess overlooked the info that forthright proved the verdict to get false. In the event the information was uncovered earlier, although funds was taken, truth and justice will be entailed too. I think that was obviously impartial as it proved the courts decision to be totally false. schlichtmann and the families did not ought to have this. You might think that a judge is known as a person who enforces justice nevertheless ironically in cases like this he was one which denied justice.

Lawsuits are what transform and help to make laws. We constantly discover this throughout history with landmark cases that significantly change the society. This situatio would have improved social lifestyle through justifying wrong and cleansing the as well as funding studies. A civil action fit is a device just as much every other circumstance. Although many instances are baseless, if a single were to dig through, they might have some hope of reforming society. We see this through Jan Schlichtmanns dedication to succeed this case.

This kind of case experienced great probability of be a automobile for interpersonal change and to seek proper rights as well as pay the tormented families of east Woburn. Although this potential was held backside greatly by the viciousness from the justice system that is completely outclassed by abundant corporate firms. This dodgy justice program cause the epic court room showdown that was told about with this book. This case is evidence of the bad aspects that the legal program posses. This can be a shame the fact that one authentic thing the legal product is based on- justice- is definitely the one thing that is certainly denied. Instead of justice being served, discomfort and aggravation is dished up through domination of large companies and impartialities caused by the people in this particular terrible justice system.

Although the case proved to be a definite failure, that did provide one purpose that was of great importance. This purpose is that that furthered each of our knowledge about this corrupt justice system as well as expose the truth about the vicious corporate companies dominated by simply money. I believe that due to ones knowledge and expectation that the rights system will deny all of them justice and truth, one should not be reluctant to bring his civil match to the courtroom. For this case might not result in the outcomes they desire, yet it will fulfill an even greater task, which is to take attention and awareness to the specific case, as well as demonstrate truth about our established court system. This book do just that. Given that it was an ideal seller, this kind of minute Woburn case features touched the minds of many people within our society. This book taught everyone a great lesson about each of our legal program. A lessons that should press people even more to make their civil meets known and not to turn away from trying and attempting. With this recognition, I believe that the awareness will mean a social change in by itself.

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