Film and Law

Question 1

What is the central preoccupation of legal film criticism?

Answer 1

Realism and fear of effects

Legal theorists are concerned about how legal films portray lawyers and the law.

Question 2

What is the primary complaint regarding legal film portrayals?

Answer 2

They are unrealistic

This criticism focuses on the misleading nature of these portrayals.

Question 3

What is the ‘Effects Hypothesis’ in legal film criticism?

Answer 3

The fear that unrealistic depictions will undermine public belief in the legal profession and negatively influence jurors and lawyers

This hypothesis suggests that popular culture education about law can have detrimental effects.

Question 4

What are the two main camps of critics in legal film criticism?

Answer 4

The Fearful and the Celebratory

Critics either focus on the negative impacts or the positive potential of legal films.

Question 5

What characterizes the Fearful approach to legal film criticism?

Answer 5

Concerns about the negative impact of unrealistic representations

Critics in this camp fear the effects of distorted portrayals on public perception.

Question 6

What is the author’s skepticism regarding the critique of realism in films?

Answer 6

The lasting value of criticizing films for not being realistic is questioned

The author believes this critique does not necessarily reflect the overall impact of popular culture education about law.

Question 7

How does the author view the influence of individual jurors and clients?

Answer 7

They acknowledge potential negative influence but question the justification for widespread fear

The author compares this influence to other cultural factors.

Question 8

What does the Celebratory approach emphasize in legal film criticism?

Answer 8

The positive potential of legal films without significant fear of the effects hypothesis

Critics in this camp focus on how films can positively portray lawyers and legal institutions.

Question 9

What core beliefs do critics of the Celebratory approach hold?

Answer 9

• Legal films rely on negative stereotypes
• Films fail to show real lawyer work
• Films depict unethical actions no real lawyer would take

These beliefs suggest that such portrayals misinform the public and damage legal perception.

Question 10

What is the plea of critics from the Celebratory approach?

Answer 10

They want Hollywood to produce films that show the good lawyers do and reinforce the legitimacy of legal institutions

This includes portraying lawyers positively.

Question 11

What underlying issue does the author frame the debate over legal film portrayals as?

Answer 11

A battle over the control of law’s iconography. What’s truly at stake is the meaning and image of law itself.

This relates to the images and symbols that define law’s virtues and vices.

Question 12

What practical problem did the author encounter when teaching lawyer films?

Answer 12

Existing resources were lacking

The author found it difficult to translate critical essays into effective teaching tools.

Question 13

What critique does the author have of early legal film literature?

Answer 13

It mainly identified relevant films without providing practical teaching methods

Even nuanced essays were challenging to use in classroom discussions.

Question 14

What was the author’s experience when turning to film studies for teaching methods?

Answer 14

The field focused on technical/formal aspects and theoretical interpretation, which were unhelpful for the author’s goals

The author preferred a practical approach to teaching about lawyers.

Question 15

What conclusion did the author reach about existing legal film criticism and film studies?

Answer 15

Neither provided practical tools for using films to help law students learn about themselves and the profession of lawyering

The author sought effective methods for teaching with films.

Question 17

What is the author’s view on claims about what we learn from popular culture about law?

Answer 17

They are often speculative and involve more mystery than science.

Question 18

What method does the author propose for engaging with depictions of law in popular culture?

Answer 18

Analyze the work of legal film critics as if you were a student in their course.

Question 19

What are some guiding questions for analyzing legal film critics?

Answer 19

• What methods do critics use when discussing legal films?
• Why do they choose specific films?
• How do they ask viewers to interpret these films?
• What questions about meaning do they raise, and how do they help answer them?
• Who is the critic, what values do they assign to lawyer films, and how can legal educators apply their insights in teaching?

Question 20

What term does Papke use to describe the critique of popular culture’s lack of realism?

Answer 20

Reality aesthetic.

Question 21

What does Papke acknowledge about the critique of realism in popular culture?

Answer 21

It has some degree of validity and is troubling when it influences actual trials.

Question 22

How does the author interpret Papke’s stance on the reality aesthetic?

Answer 22

Papke displays significant ambivalence regarding the critique.

Question 23

What does Papke say about complaints regarding inaccuracies in legal films?

Answer 23

He states that they are well taken and merit underscoring.

Question 24

What typical difference does Papke list regarding jurors’ expectations in trials?

Answer 24

Jurors expect lawyers to perform magic, like pulling rabbits out of hats.

Question 25

What is the author's rebuttal to Papke's concerns about jurors' expectations?

Answer 25

Competent lawyers learn to manage or leverage these expectations, including those shaped by popular culture.

Question 26

How does Papke contrast fictive trials with real trials?

Answer 26

Fictive trials have coherent storylines and engaging drama, while real trials are described as boring and imperfect.

Question 27

What does the author criticize about Papke's dichotomy between fictive and real trials?

Answer 27

It creates a false and perilous dichotomy that ignores the importance of storytelling in trial advocacy.

Question 28

What educational value does Papke attribute to inaccurate films?

Answer 28

They contribute to popular understanding and act as symbols of law.

Question 29

How does Papke assess the educational aspect of pop cultural trials?

Answer 29

He describes it pessimistically, suggesting it obfuscates inequalities and offers a comforting myth.

Question 30

What contradiction does the author point out in Papke's arguments?

Answer 30

Papke criticizes films for failing the reality test while simultaneously praising their storytelling.

Question 31

What does Papke note about the tendency of scholars regarding the realism critique?

Answer 31

There is an inevitable tendency to focus on accuracy.

Question 32

What is the author's perspective on the 'inevitability' of the realism critique?

Answer 32

It might be a convenient but unhelpful convention that prevents seeing the larger picture.

Question 33

What does Papke suggest about the potential harm of the realism critique?

Answer 33

He suggests it does no harm and might alert citizens to differences.

Question 34

How does the author disagree with Papke's view on the realism critique?

Answer 34

Constantly validating the critique does harm by reinforcing unproductive conventions.

Question 35

What inconsistent application does the author highlight in Papke's analysis of 'Kramer vs. Kramer'?

Answer 35

Papke advises critics to focus on a film's larger purpose while also listing its legal inaccuracies.

Question 36

What overall pattern does the author conclude about Papke's relationship with the realism critique?

Answer 36

Papke consistently flirts with, embraces, and attempts to distance himself from the critique in a cyclical manner.

Question 37

What peculiar attribution does the author find in Papke's view on the 'dream world of justice'?

Answer 37

Papke attributes it primarily to popular culture, implying real justice struggles occur only in the imperfect real world.

Question 38

Fill in the blank: Papke's term for the critique of popular culture's accuracy is _______.

Answer 38

reality aesthetic.