Exam 3

Question 1

“The court’s authority - possessed of neither the purse nor the sword - ultimately rests on sustained public confidence in its moral sanction”

Answer 1

Felix Frankfurter

Question 2

The court has the power of judgment it’s true power is how it can persuade public confidence
Courts power

Answer 2

persuade with pen

Question 3

Implementation of Brown?

Answer 3

Brown 1 and Brown 2
Brown 2 was how the implementation of how brown would take effect (speed and who is responsible) (District Court Fed Judges tasked to do this - time was “all deliberate speed”

Question 4

1st order impact of decisions

Answer 4

The immediate and direct parties affected by the decesion (small scale) Example: Brown v Board- five families students could now go to school.
Roe v wade- Jane roe could now get an abortion

Question 5

2nd order impact of decisions

Answer 5

Impact that decision has on other Policys or aspects. (large scale) example: Brown v Board of Ed desegregated all schools. Roe v Wade gave abortion access to all women. Atkins V Virgina made it where anyone who was MR could not receive DP.

Question 6

Impact of court decisions:

Answer 6

They vary. Can Pyrrhic Victory, Long Board effects

Question 7

Pyrrhic Victory

Answer 7

The petitioner never reaps the benefits to make the victory worthwhile
Example: Jane Roe in Roe v. Wade (could not an abortion at that point anyway. Example Brown v Board of Ed. Segregation did not end right away)
ave a victory that never materialized in the benefits you might’ve gained if the battle was worthwhile; battle is too costly, cost of victory is so great you don’t get to enjoy the victory. - brown v boe, struck down segregation but took years to actually get this victory
-may win in court but get no real outside benefit (movie civil action)

Question 8

Long Order Effects

Answer 8

The effects do not happen until many years down the road.
Example:
1988 Presidential Candidate Micheal Dukakis did not support allegiance in West Virginia State Board of Education vs Barnette in 1943, he brought issue to forefront and it had an impact on him losing the election

Question 9

Court decisions can create

Answer 9

Uncertainty
Example:
-establishment and free exercise of religion are all over the place.
-Obscenity law: Defining what is hardcore porn. Art vs porn varies from person to person, Justice Potter Stewart said “I know it when I see it” which made it difficult for police to enforce and legislatures to enact laws connotationally. It created murky waters, so they took it off their hands and let the public decide

Question 10

Another way to measure impact is through

Answer 10

Public Opinion
-Decisions force citizens to think on a subject they otherwise would not have because they have a polarizing effect.
Ex: Abortion was not a hot topic until Roe v Wade 1973

Question 11

Glimpse at public opinion

Answer 11

It can be very polarizing.
Example: Rust v Sullivan (1991)
Partisan Use of Pole-
Planned Parenthood (33 support 65 oppose)
National right to life (69 support 27 oppose)

Question 12

Compliance

Answer 12

When others are required to do something as a result of a court opinion. Measured by the degree to public and other parties accept the court decisions.
Example: School Prayer ruled unconstitutional in Abington vs Schemp (1963) and Wallace V Jefree (1958)
Some continued to practice it regardless some did not: to gain compliance a parent would have to file a complaint, obtain a lawyer and file suit, and take it to the courts.

Question 13

What does the example of non-compliance suggest?

Answer 13

Suggests that SC decisions are rarely the final decision

Question 14

Court decisions are NOT

Answer 14

the final or last word

Question 15

Court decisions require interpretation by

Answer 15

Other policymakers. Many different interpreters: Lawyers, judges, etcs.
Example: Obscenity case made state legislatures begin to define what is or what is not obscene and hard core. Just Stewart “I know what it is when I see it” we should all be able to look at it and know it ourself

Question 16

Implementation of court decisions

Answer 16

Vary. how policies are enforced and carried out
Example:
-Roe v Wade implemented immediately
-Dobbs v Jackson depended on state, some states changed dramatically other states did not / effects ranged
-Brown v Board of Education effects are still happening today eg; louisville bus system

Question 17

Implementation is either

Answer 17

aided or hindered by congress, president, lower courts, and public

Question 18

What if congress disagrees with court and it is constitutional?

Answer 18

If it is a constitutional ruling congress option is to try and pass a constitutional amendment

Question 19

What does congress do if it is a Statutory decision?

Answer 19

Pass a law override
Example: Grove City vs Bell (1984)
Title IX of 1972 ed act Court Ruled “Only specific ‘program or activity’ receiving federal aid was covered by Title IX
Congress had ab broader interpretation and passed “Civil Rights Restoration Act” - Reagan Vetoed - Congress overrode veto w/ 2/3 vote

Question 20

Population and line of communication (Canon and Johnson 1999)

Answer 20

Chart check

Question 21

Decision Maker

Answer 21

SCOTUS (or other appellate court) passes decision

Question 22

Interpreting Population

Answer 22

Usually a lower court or state attorney general (authorative / official)

Question 23

Implementing population

Answer 23

Authorities whose behavior may be reinforced or sanctioned by the interpreting population
Often times: police officers, prosecutors, university and public school officials, welfare and social security workers
Example- police officers implementing the issuance of the Miranda warning in Miranda v. Arizona

Question 24

Consumer population

Answer 24

set of individuals usually not affiliated with gov who would or should receive benefits or suffer some disadvantage as result of judicial decision
Ex: criminal suspects and miranda warning

Question 25

Secondary population

Answer 25

a residual population, meaning not directly affected (all previous populations were directly affected) it consists of anyone not in one of the other populations
Four groups

Question 26

Four groups of secondary populations

Answer 26

1. Interest groups
2. Govt. officials
3. Media
4. Public at large

Question 27

Between groups there are

Answer 27

Fluidity and linkages
Ex: State att. general may interpret one policy and implement another
Attorney - special population that varies from one pop to the next. They often play a role in all populations

Question 28

Responses to Court decisions (by actors in all populations)

Answer 28

1. Issue attitudes
2. Attitudes toward courts (legitimacy)
3. Perceived consequences of a decision
4. Feedback (protestors, mail, media, amicus curaie interest groups)

Question 29

Common Law System is

Answer 29

In a common law system researching case law is an essential and vital component. Legal decisions are the core part of law. Appellate decisions set precedent for the entire court system. Opinions contain rules, standards, and principles that are applied to future cases. In common law, People turn to courts to resolve issues based on case-law unlike in a written law system where they would turn to codes.
Example: Roper v Simmons 2005
-Developed case-law/ legal rule that you can not execute anyone below 18 now and lower courts must follow it

Question 30

How many district courts are there

Answer 30

94 which mean their can be 94 abbreviations

Question 31

Statute names

Answer 31

Some have popular names and are cited by those but those without as much notoriety get normal formal treatment
Voting Rights Act of 1965, Pub. L. No. 89-110,79 Stat. 437
– Public Law number – gives what congress enacted it and in the order
congress enacted it in
– United States Statutes at large (abbreviated “Stat.”)

Question 32

Smith v Jones (1992) 475 U.S. 229

Answer 32

Volume - 475
Petitioner - Smith
Respondent - Jones
Year - 1992
Source Listed : US reports

Question 33

USC

Answer 33

United States Codes
Voting Rights act of 1965 was placed in title 42 of the USC and can be
cited numerous ways depending on the source
* One way to cite: 42 U.S.C. § 1971 (1965)
* Title 42, section 1971

Question 34

Baker v. Carr 369 U.S. 186 (1962)

Answer 34

Volume 369
Page 186
Year 1962
Petitioner Baker
Respondent Carr
Source US reports

Question 35

Baker v. Carr 369 U.S. 186, 199 (1962)

Answer 35

199 refers to a specific section

Question 36

Regular concurrence

Answer 36

Justice agrees with majority decision and rationale/reasoning but wants to add something

Question 37

Special concurrence

Answer 37

Justice agrees with majority decision but does not agree with rationale/ reasoning

Question 38

Roper v Simmons (2005)

Answer 38

revisiting decision in Stanford v. Kentucky (1989) which sat precedent and said you could execute someone 15-17
Legal question: Is it permissible under the 8th and 14th amendments to execute a juvenile offender guilty of a capital crime who is 15-17 years
Answer: No, the 8th and 4th amendment forbid the death penalty for offenders under 18 years old.
Decision/ Vote: 5-4. Affirmed Lower Court (Missouri SC decision)
Majority Reasoning: Consensus, disportanality, IC
A Evidence of national consensus: Similar to Atkins 18 states exclude juvenile from its reach and 12 states abolished altogether. The practice is also infrequent in states w/o. Since Stanford only six states have executed Juveniles and only three in 10 years have. The rare of change has been slower and only five states have abolished since Stanford, but it is not about numbers it is about consistency in direction of change as no states have reinstated it. (Rejection in majority of states, infrequency in use, and consistency in trend toward abolition)
B Reserved for a narrow category of the worst offenders that under 18 cant be because they lack maturity and responsibility, more vulnerable and susceptible to negative influences, character is not as well formed as an adult. Retribution and deterrence does not work well on them. They have a potential to mature.
C International community has high disregard for it, we are only country who still even uses it.

Question 39

Weems v US (1910)

Answer 39

DP can’t be excessive must be proportional to crime

Question 40

Trop v Dules (1958)

Answer 40

Evolving standards of decency

Question 41

Furman v Georgia (1972)

Answer 41

Prohibited death penalty because it was being applied arbitrarily. Made it where you have to have mitigating and aggravating circumstances

Question 42

(1976) Gregg v. Georgia

Answer 42

DP renewed after states made changes to make it constitutional

Question 43

Coker v Georgia (1977)

Answer 43

DP can’t be given for the rape of an adult victim

Question 44

Roper v Simmons (2005)

Answer 44

DP can’t be given to minors

Question 45

Patrick Kennedy V. Louisiana (2008) 554 U.S. 407 (U.S. Supreme Court)

Answer 45

Legal Question
Is it unconstitutional to impose the death penalty on an offender for the rape of a child that did not result, and was not intended to result, in the victim’s death?
Answer/Judgement/Vote
Yes. The Court ruled 5-4 in favor of Kennedy and reversed the lower court’s decision.
Majority Reasoning - (Justice Kennedy)
-There is a national consensus against capital punishment for the rape of a child shown through the lack of state statutes that authorize it, the absence of a consistent direction of legislation in favor of it, and the infrequency of its use.
-Society’s evolving standards of decency display the death penalty as a disproportionate punishment for child rape. It would not fulfill the purposes of retribution and deterrence as it runs the risk of moral decisions for a child, wrongful execution, non-reporting, and an incentive to kill.
Principal of Law or Holding
Imposing the death penalty on an offender who raped but did not kill a child, and did not intend to kill the child, is unconstitutional and violates the Eighth and Fourteenth Amendments.
Conclusion, Implication, Unresolved Legal Questions
Kennedy and Davis’s capital sentence was reversed. This case set a precedent for lower courts that the death penalty cannot be imposed for the rape of a child as it is unconstitutional.

Question 46

Dissenting Opinion and statements in Kennedy v Louisiana

Answer 46

Dissenting Opinion - (Justice Alito)
No national consensus against capital punishment for the rape of a child has developed. Coker discouraged the enactment of legislation. The Courts independent judgment is not pertinent to the Eighth Amendment and a blanket rule for all rapes regardless of extremity is inappropriate.

Statements - (Petition for rehearing denied)
Kennedy: The military penalty for rape that has been uncovered is irrelevant, it does not include constitutionality for a civilian context. Scalia: The military penalty for rape is irrelevant to majority opinion since their consensus was inapt but it destroys their national consensus argument.

Question 47

Do justices consider compliance and implementation and impact before making a decesion.

Answer 47

Yes. Ex: Brown v Board of Education:
Frankfruters memo:
-Concern for compliance in section four how the lack of facts on how to facilitate adequate segregation may lead to the diminishing of white students’ education, which in hand would cause public outrage and lead to varied interpretations across law, increased litigation, and chaos.
-Frankfurter considers implementation in section five by showing that he believes that only one order regarding the law would be insufficient due to its complexity and the need for successful enactment to avoid making a decision that disrupts the school system.
-In section 6 Frankfurter addresses the future impact of the decision by calling for a consideration of physical, education, time, and budgetary factors and how they will directly affect teachers and students. -
- teaches us that he was worried about the impact these would have not only on the direct first order parties, but also on the second order which would affect policy and public school systems around the nation. His concern for all factors and social implications connects to our learning because it shows that Justices consider the possible impact for all parties, including the interpreting population, implementing population, consumer population, and secondary population.

Question 48

Do justices take into account public opinion?

Answer 48

-Section four he wants to avoid public outrage over the disruption of white students’ education and in section five he addresses the diverse public opinions that will cause chaos or incite a polarized opinion from the public. By mentioning the social implications in section six he also indicates that he is concerned about how these implications may be received by the public.
-the news article kept by Reed supports our learning in class by showing that Justices are humans who watch the news and are both susceptible to and interested in public opinion just like us.

Question 49

What was the major event in the Buffalo Creek disaster?

Answer 49

The Buffalo Creek Mining Companys refuse pile (coal is washed and water is which damned a stream gave way and unleashed 130 million gallons of black water and debris killing 125 people immediately and destroying over 1000 homes.

Question 50

Who was the Buffalo Mining Companys main stockholder?

Answer 50

Pittston Company that took them over after BMC could not comply with the federal coal mine health and safety act

Question 51

Who was the citizens committee?

Answer 51

Eight elected surviving members met at the elementary school headed by Charlie Cowan to speak as a representative for all survivors

Question 52

Stern

Answer 52

Head attorney in pro bono case from Arnold and Portner. Took the job because he felt like it gave his life purpose and wanted the same feelings he reaped from being a civil rights attorney.

Question 53

What was pittson’s orginal strategy after the disaster?

Answer 53

Pittson claimed it was an “act of God” so they were not at fault. This was weak because God did not place the dam there and the West-Virginians were God-loving people.

Question 54

What was sterns strategy in choosing where to file?

Answer 54

He chose to file in WV federal court instead of state court due to concerns of corruption and a large influence of coal. He also chose for Judge Christie because of his prior rulings of piercing the corporate veil.

Question 55

Was it a class action lawsuit

Answer 55

No

Question 56

What was the precedent from the 4th circuit of appeals regarding “customs and usage”

Answer 56

Custom and usage refers to the standard practice used across all mining sites. Stern reiterates that Pittsons acts were negligent and reckless because they did not comply with these standards. This showed they had to keep up with the water flow and site and that the court had recognized that this was their responsibility

Question 57

What was sterns strategy with the legal depositions?

Answer 57

Stern started with the presidents and went down the chain to lower people to show the flow of information from person to person and how it could have been prevented. He also made the president admit to the bad quality of the dams. He did not use yes or no and instead led them to the answer he wanted.

Question 58

How much did Pittson end up settling for?

Answer 58

$13.5 million

Question 59

Multiple sources publish all of the opinions of the Supreme Court

Answer 59

Supreme Court reporter:
United States Supreme Court reports lawyer edition
United States Reports: U.S.
-when citing a SC case some tend to include the US reports citation and one or both of the others.

Question 60

Opinions citations usually include

Answer 60

Case name, volume, abbreviation of reporter, first page of opinion, date of opinion

Question 61

US Supreme Court and circuit courts

Answer 61

-Marbury v Madison, 1 Cranch 137 (1803)
-Marbury v Madison, 5 U.S. (1 Cranch) 137,
2 L.Ed. 60 (1803)
Citations sometimes refer to both the United States reports and the original volume or compiler
National Treasury Employees Union v. United States,
101 F.3d 1423 (D.C. Cir. 1996)
– National Treasury Employees Union v. United States,
101 F.3d 1423 (11th Cir. 1996)
Federal Reporter 3rd series- abbreviated as “Fed
third”

Question 62

District Court Citations

Answer 62

What does this mean?
* Pansy v. Preate, 870 F. Supp. 612 (M.D. Pa. 1994)
* F.Supp. = Federal Supplement, which sometimes
publishes lower court opinions
* M.D. Pa. = Middle district of Pennsylvania

Question 63

Unpublished opinions

Answer 63

Not all court opinions are published (refers mostly to trial courts and appellate courts at federal and state level. Judges only certify significant decisions
– Why?
* Large number of appeals makes publishing all opinions costly in
terms of resources
* Many judges feel frivolous lawsuits do not merit an opinion
* Avoid “bad precedent” & policy implications
* Controversy surrounding citation of unpublished opinions- some jurisdictions forbid citation of unpublished opinions, some allow under certain circumstances, other jurisdictions it’s not clear

Question 64

State court citations

Answer 64

Multiple series of state and regional reports of legal opinions
* Overlap
* One key- just a name of the state refers to that state’s
Supreme Court, otherwise it will indicate some other type of
lower court
– Defunis v. Odegaard, 84 Wash. 617 (1974)
– DeFunis v. Odegaard, 84 Wash. 2d 617 (1974)
– Same court, different reporter

Question 65

Which following citations are from same opinion? Or which
citation is from a different court?

Answer 65

DeFunis v. Odegaard, 84 Wash. 2d 617, 529 P.2d 438
(1974)
– DeFunis v. Odegaard, 84 Wash. 2d 617 (1974)
– DeFunis v. Odegaard, 529 P.2d 438 (Wash. 1974)
– Defunis v. Odegaard, 84 Wash. App. 617 (1974)

Defunis v. Odegaard, 84 Wash. App. 617 (1974)
* Is different because “Wash. App.” refers to different court
* “Wash. 2d” in the top two refers to the second series of a set of
books reporting only the opinions of the Washington state
supreme court.
* “P.2d” refers to the Pacific Reporter Second, which is a regional
case law reporter. In this case, reporting a decision from the
Washington State Supreme Court.

Question 66

Government regulations (volume – page)

Answer 66

– Federal register (Fed. Reg.) or Code of federal regulations (CFR)
– 63 Fed. Reg. 12345 (1998)

Question 67

Legal journals & books

Answer 67

• Ibid or ib. or id.
  – Citation that refers to the same thing that was
  cited in the previous citation
• In Re Gault (1967) 387 U.S. 1
  – Not all cases will have formally designated parties
  – Common in marriage, probate (wills), juvenile

Question 68

Why is a legal brief important?

Answer 68

– Judicial decisions are part of the law- common law
– Distilling a case down to its essential legal points

Question 69

Important elements of a legal brief

Answer 69

Facts of case- procedural history, legal question, answer/vote, majority reasoning, concurring/dissenting, holding, conclusion or implications

Question 70

There is a two-track …

Answer 70

lawyer market

Question 71

why do justices only certify significant decisions

Answer 71

-to not establish bad precedent
-costly in terms of resources
-frivolous lawsuits do not merit an opinion
-some jurisdictions forbid citation of unpublished opinions, some allow, some don’t

Question 72

what does ib/id mean

Answer 72

citation that refers to the same thing that was cited in the previous citation

Question 73

why are case briefs important

Answer 73

judicial decisions are part of the law-common law
-distilling a case down to the important point

Question 74

Identify the major parties in the case. Who was the Buffalo Creek Mining Company and what is their relationship to the Pittson Company? Who is the Buffalo Creek Citizens Committee? How did Stern come on case?

Answer 74

The Buffalo Creek mining company was a coal mining company in West Virginia. The company was bought out by the Pittson mining company after BMC could not comply with the Federal Coal Mine Health and Safety Act after it was enacted. Therefore, it is named the Buffalo Creek Mining company still but it is owned by Pittson. The Buffalo Creek Citizens Committee was a group of eight individuals that were elected by survivors to make decisions and be their spokesperson. Stern came onto the case because he was working in his pro-bono year for his firm Arnold & Porter. He had a history in Civil Rights voting cases and wanting to find that sense of purpose again.

Question 75

Discuss Pittsons original strategy to absolve the company of blame. What was its “Act of God” defense? Do you believe this was a wise approach? What would have you done differently?

Answer 75

Pittions initial strategy following the disaster was that it had been a natural disaster that was “Act of God”. By using this approach, Pittson attempted to shift the blame onto God and off of themselves, claiming that were at no fault of the disaster or the heavy rains. This strategy was weak because the dam against the stream was man-made by Pittson for the refuse pile, and without them intervening and creating it, even with heavy rains, their would have been no dam to give way which also means no disaster. It also quite insulting to tell God-fearing and God-loving West Virginans that their God was responsible for a disaster that took their family members and homes. If I was Pittson, I would have avoided media statements until settlements were finished and I would have given each victim of property damage or loss of family members an offer to settle for $6,000 immediately with a stipulation of no law suits, an NDA, as well as a three day deadline before outside lawyers could become involved. I then would put out a statement and regard it as a “tragic accident” and say that Pittson had done it’s part by offering each victim compensation.

Question 76

Discuss Sterns legal strategy, specifically with respect to the filing of victims claims. Why did he place wso much emphasis on venue? Did he file a class action? Why do you believe he made the choice he did?

Answer 76

Sterns legal strategy was to file int he federal court of Virginia instead of the state court of Virgina. Stern emphasized the venue because state courts of Virginia were notorious for corruption due to a heavy inflluence of coal mining companies and the idea that they were good for the West Virgina economy so they had to be protected. Despite the overwhelimg number of victims Gerald Stern did not file a class action. Stern also chose this venue because he hoped for Judge Christie, who had previously ruling concerning piercing the corporate veil which he would have to do. I believe he chose this strategy because he wanted to have the best chance to get the victims as much compensation as possible.

Question 77

What is meant by the phrase “Sometimes all you do in law. You keep pressing ahead until the other side cracks. How does this relate to Stern and Pittson? ($3 tie story)

Answer 77

Given the $3 tie story and his own representation of his strategies in the book, Stern indicates that as an attoreny if you press the other side and not back away, despite man-power, strength of case, etc., the other side becomes more willing to comply. Restless demands and showing the other side you will not give up and continuing to seek resolution or victory can work in your favor. For example, Stern continued to press Pittson’s attorneys regarding the production of documents, and he eventually got them. He also pressed the Governors office regarding the Ad Hoc Commison documents and eventually got them. Stern kept working on the case, spending money and resources, and showing Zane and Pittson that he would go to trial if he did not get a solid negotiation, and in the end he did.

Question 78

Stern pays careful attention to a major break in the case: the turning up of relevant “custom and usage” precedent from the 4th circuit of appeals. What was this precedent and how did it harm Pittsons argument? Why was this such a break in the case? How was this lucky?

Answer 78

The customs and usage precedent came from a case that as appealed where a mining company had a similar incident and it claimed that all mining companies use this refuse pile custom they are not liable. Judge ruled that despite this custom they are liable. This precedent was crucial because it showed that just because something is custom, does not mean it is not negligent and possibly even reckless. This was so lucky because Sterns team stumbled upon this and only found it because it had been appealed to a federal appellant court.

Question 79

Explain the purpose of depositions in the context of how Stern used them in his strategy. Who did he depose and what did he get them to admit under oath? Was there a strategic order he wanted to carry out these depositions? If so what was it?

Answer 79

Within depositions Stern started from the top with Pittsons president and worked his way down the chain of command. Stern did this to present the flow of information within the events leading up the disaster. This flow showed the extreme negligence and recklessness throughout the entire Pittson company and buffalo creek mining company. Stern was able to get the President to admit under oath that the dam was of bad quality. He was also able to get John Kebblish below the president to admit that he had participated in a conversation with another Pittson party and acknowledged that the disaster was inevitable if a change was bit made. Stern led them to these answers by not using yes or no assertions.

Question 80

What value did Stern Place on compensatory and punitive damages at the start of the case? Do you believe Stern pulled a number out of thin air? Why was this discretion allowed? Did he make a strategic error in setting the number so high? Would you have sat it higher? Why?

Answer 80

Stern initially placed a total of $64 million on compensatory and punitive damages at the start of the case. This was not pulled out of thin air as Stern stated that $21 million of this was punitive damages and he got this from dividing their net income yearly. He also found compensatory damages by making up $11 million for property loss and $50,000 each for pysch impairment. Stern placed $64 million on damages so that he would have leniency in further negotiations and avoid driving the other side away and ensuring a trial while also avoiding undervaluing the case. He did not make an error, as it later allowed him to throw out punitive damages and go down to $32.5 which gave him a still very high number to negotiate off of and it ended up working in his favor. I would not have set the number any higher as it may have drove Pittson away from settlement completely and his number gave him perfect leinicy.

Question 81

Evaluate “A law suit is must like a chest game. Much of the battle goes to the person who can throw in the most manpower or weaponry” Do you agree or disagree? Use atleast two exmaples.

Answer 81

This statement is somewhat true to an extent. It is incredibly hard for a single person or small group of people to hire an adequate lawyer and supply resources to fight off a large corporation with much more man power and money. However, this cannot be entirely true as the Buffalo Creek Disaster case showed us that the lowerfunded West Virginians are the ones who came out on top. For example, the media attention (specifically the Charleston) brought to this case allowed Pittson to be viewed in a negative light which benefited the victims because they wanted to avoid court, despite their man-power or weaponry. A second example was that despite Pittsons enormous financial resources and weaponry, Arnold & Porter and Stern were able to match their doctors and jury analyzers for more than likely alot less cost. Stern also used precedent from Judge Hall to his advantage which shows that man-power and weaponry do not always outweight a strong case or lawyer.

Question 82

Pittson’s attorneys argue that their experts should have been allowed to examine victims directly and ask them whether they have pyisch impairment. What does Judge Hall rule regarding this strategy? Do you think Pittson was sincere ir strategic in asking victims about their condition?

Answer 82

Judge Hall ruled that Pittson cannot directly ask victims whether or not they have pysich impairment. He rules this because he believes you cannot ask someone if they have something that they cannot define or may not understand. Pittsons strategy was entirely strategic and not sincere considering that during this time period their was large mental health stigma. The conservative West-Virgians would never openly admit to having these conditions due to their preconcvied notions of mental health. Pittson knew this and hoped to use it to their advantage.

Question 83

When judge Christie dies unexpectedly why does Stern say he is astonished by their good fortune? What does he mean? Consider your legal strategy if in this position and a judge suddenly died. Would you aim to speed up proceedings, perhaps seeking a judge of whatever background to slow them down? Provide reasons for your answer.

Answer 83

Stern believes that they have good fortune because if Judge Christie would have been their appointed judge as they hoped then his death would have significantly delayed their case. Victims were in desperate need of compensation to rebuild their lives and could not afford to continue waiting, and stern did not know much longer Arnold & Porter may allow him to continue. If I was in his position I would not aim to speed up proceedings by selecting whatever judge. The corruption surronding coal companies influence, piercing the corporate veil, as well as other research about precedent would be necessary before intending non finding a judge. I would initiate negotiations with a firm settlement line and head back to the drawing board if not given a settlement.

Question 84

How was case resolved

Answer 84

Negotiations between Zane and Stern. Stern able to press Zane regarding the $10 million that had been leaked. Zane and his firm conceded with $13.5 million. Zane saw Sterns unwillingess to back down.

Question 85

Describe a counterfactual thought process what would that have said about our justice system and idea of pysich impairemnt?

Answer 85

The differences between corporate vs working America would have shined throw and outrage regarding our legal system probably would have said it was broken. Mental Health stigma may have dug a deeper hole.

Question 86

What would have likely happened if Stern did not take the case?

Answer 86

If stern had not taken the case the victims likely would have never been represented and settled for much less monetarily ($4,000). The victims would also have never been given Media Justice as the case would have never progressed and the constant updates would not have been published. Pittson would not have been held accountabe and the victims would have continued to suffer. This kind of case is few and far between as large and succesful law firms usuaully do not take such a big risk and lend their efforts and money to a case that may not pay them back.

Question 87

Archive Check

Question 88

Law school debt/trade off

Answer 88

62k income per year
141k debt
Today around 160k?

Question 89

How are Roper v Simmons and Kennedy v Lousiana similar? How did Kennedy draw on Roper?

Answer 89

Kennedy drew on roper…….
check opinion and draft a short answer