Impression Of Cicil Trial Process With Regard To The Woburn Case.

986 words - 4 pages

My impression of the civil trial process as part of ourb system of justice is negative in that it permits large companies fight and preclude small people from bringing their actions, the way it is set up, and it overloaded and is not really an effective means of stopping people from bringing frivolous cases to trial, which helps lead to justice being slower and more expensive then ever.The first reason that my impression is negative of the civil trial process as part of our system of justice is that it permits large companies to fight and preclude small people from bringing their actions. It makes it hard for the small people to go up against big companies for many reasons, two of more important ones being the access to justice and the other the costs of litigation. It is hard for ordinary people to gain access to the courts and with all the attorney, courts, other costs it is extremely expensive. In some cases, such as person injury or so, the lawyers for the plaintiff will work on a contingency basis, just as Schlichtmann did in the book. The cases where the defendant is a corporation, they are considered repeat players, in which they therefore already have significant advantages against the one-shotters. The corporations have the funds in order to finance a stall defense. They primarily show/use these advantages in the pretrial process, especially during the discovery step. In the book Beatrice and Grace use numerous dilatory or counterstrike motions in trying to stall the case, with attempt to run up the plaintiffs costs till their spirit is broke. Also throughout the trial, the companies still continue to rack up profits while the plaintiffs (or lawyers of) are consistently loosing money. These are a few of the ways that the large companies fight and preclude small people from bringing their cases.The next reason is the way it is set up. To many times juries are giving exuberant amounts of money to the plaintiff. For that reason it encourages more and more lawyers to take on frivolous cases just to make the money. Since there are so many cases being brought against the companies it forces then to fight and defend more cases, which in turn may and does at times lead to a lot of the real cases being lost or forgot about. It causes what the book may call "litigation explosion". In the book Schlichtmann made his money from several multi-million dollar medical malpractice suits, which in reality because of so many of these cases the insurance companies raise their rates ridiculously high for malpractice insurance. This has lead to the decrease in doctors and other such occupations because they can not afford the insurance or risk being sued. Also, the lawyer's greediness for money, in other words lawyers pass over cases that...

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