int law paper 1 - Short Essay#1 A Civil Action A Civil...

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February 11, 2008 Short Essay #1 A Civil Action A Civil Action is a movie about a civil law suit that originated in Woburn Massachusetts, but the movie, combined with Marc Galanter, shows the downfalls of our legal system and how they can be rectified. Marc Galanter proposes in “Why the ‘haves’ Come out Ahead: Speculations on the Limits of Legal Change” that repeat players, the major corporations, have definitive advantages in comparison to one-shotters, people who do not have much experience in the courts. In A Civil Action , eight families wish to file a law suit against an unknown party to take responsibility for the wrongful deaths of their children. Therefore, according to Galanter the Claimant are the families, and because they have no true experience with the legal system they fall into the category of a “one-shotter”. Galanter states that one-shotters should hire lawyers because “parties who have lawyers do better” (85). Therefore, the families employ a lawyer, Jan Schlichtmann. Galanter also informs his audience that lawyers who tend to represent one- shotters are of the “lower echelon” (85) and tend to have little respect among the profession. Also, Lawyers that represent one-shotters that do not have the financial means, such as the eight families, tend to only get paid if they win the case; therefore, they are operating on very limited means in comparison to the seeming limitless costs of litigation which is a direct result of the structure of the American court system. Galanter also sites that the lawyers who represent one-
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This essay was uploaded on 04/16/2008 for the course LEGAL 250 taught by Professor Holmes during the Spring '08 term at UMass (Amherst).

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int law paper 1 - Short Essay#1 A Civil Action A Civil...

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