Urban Environmental Quality and Human Health: Conceiving a Sustainable Future

CONTENTS OF CURRICULUM UNIT 08.07.05

  1. Unit Guide
  1. Introduction
  2. Overview
  3. Rationale
  4. Strategy
  5. Background
  6. Notes and Resources - For Teacher
  7. Resources for students (research) and teachers
  8. Pictures
  9. Resources - For Teacher
  10. Bibliography
  11. Appendix A
  12. Appendix B
  13. Appendix C

Considering Case Studies of Chemical Contamination

Jeffrey C. Davis

Published September 2008

Tools for this Unit:

Appendix B

Civil Action - study guide

Before watching discuss;

Plaintiff's Worth - what is a plaintiff?

Value of a person's future - earning potential

Plea bargaining - settlements vs. going to jury

Lawyers watch the jury to see how they are responding to the case

1:34, MUTE "shut the fuck up"

CLASS READ preview BEFORE VIEWING

Make these questions "fill out" QUESTIONS, include characters' name on question sheet

6:18 - on the radio show … what is Jan thinking?

Why does he look at the ON-AIR sign?

7:10 - people in the office talk about the case for the first time.

How does each of the characters (Jan, James, Kevin, and Anne) feel about the case?

… What is their body language?

8:00 - What are their "takes" on the case … why do they want to (or not) take the case?

9:00 - What does Jan's reaction to the cop tell you?

12:00 - Why is he looking at the little shack and the water, what is he thinking?

13:30 - What does the truck trailer say on it?

- What are the men hanging up, rolling in barrels, what is coming out of the pipe?

14:30 - what is the name of the food company that sells leather?

- Jan is naming a bunch of products … what is the significance of those products?

15:00 - why is he all of a sudden interested in the case??

DISCUSS

Client - customer of the lawyer

Explain to students how a lawsuit is initiated,like a war -

Starts with complaint, the big boys intimidate the small boys,

But not this guy (remember how he got the hospital to go up to $ 2 million?)

Deposition - what is it, how is it used as a tactic in the "war"

There are strategies -

You give them your complaint to let them know that you are coming.

If they are the big boys, they will either try to blow you off or just PAY you off.

If you won't settle for what they offer, you have to "fight" - but you have to convince a jury (or judge) that your case is real and that your opponent's position is unfair. OR

You convince the opponent that they will lose and they should give you want you want.

Mr. Facher and Mr. Doyle must be partners (explain)

15:30 - describe the declaration of war

17:00 - why is that guy working through his lunch.

  • And why does Facher tell him to take a break. . Does he really want t him to?
  • Does he really think it will be a good thing?
  • What is he REALLY saying??

18:00 - the paper he is reading is a copy of the law suit, the headings are talking about things the company is being accused of.

Look at the view out his window -(it is his office) … do you think that is a good office? Is this one of the big boys or a little boy? Is he confident or insecure? Why do you think?

What does bouncing the ball off the wall say about his feelings over the phone call?

18:40 - Bill Cheeseman, Who does he work for? Who is he representing?

19:15 - What is rule eleven?

19:40 - What does, "if you get a fine, pay it?" mean (hint, the "fine" is a metaphor)?

  • What does, "if you knock a man down, do it so he does not get up again" mean?
  • What do you think he is talking about … who is getting knocked down?

20:00 - Jan is on TV, the reporter is asking him questions and he is answering like he is having a normal conversation … whom do you think he is really talking to?

20:15 - What is his "look" supposed to convey, how about the sigh?

  • His co-workers are answering the questions as they watch, are they really agreeing with him? Are they playing the role of the rest of the audience? Why are they saying, what they hope the audience would say, out loud?

20:28 - Why is it a bad idea to "feel" for your client, to "share your client's pain?"

STOP AT 20:45 to answer questions and discuss.

20:50 - Jan compares a lawyer who feels his clients pain to a doctor who "recoils at the sight of blood" - what does that mean?

21:10 - Does the judge "know" Mr. Facher? How do you know?

Does the judge know Jan? What might that mean to Jan?

Does Mr. Facher have Red Sox cap on? Any sign that he is a baseball fan?

How does the judge know Facher likes the Red Sox?

STOP - DISCUSS

EXPLAIN WHAT A CLOUD OF INPROPRIATY IS and what the point of it is.

This is a hearing where the lawyers can try to stop the trial before it starts. Each side is allowed to address whatever it is that might be a problem. If there is something serious, then the judge (and lawyers) won't want to waste their time

WHAT DOES STRATEGIC MEAN?

Migration - what is it (people, water, chemicals)?

Aquifer - flow of aquifer goes against the gravitational flow - is that possible?

23:15 - what does the judge think of Mr. Cheeseman? About Facher? About Jan?

  • Why might Facher wait until court to repair his briefcase?
  • Why does he have a broken briefcase? Does the briefcase have role in the story?
  • Do you think he has a GOOD one somewhere??

23:30 - Why did Jan bother going over to Facher to say "Thank you."

Is he just polite, or is he being strategic?

23:45 - Who is the guy talking about, what is in the woods?

24:20 - How does Jan feel about a "big team"?

STOP

Paint solvent - what it is and what it can do (chemical)

Depose witnesses - what is it?

Seizure disorder, Miscarriage - what are they?

55-gallon drum - what are they and what are they used for?

24:30 - 55 gal drums disappear … what do you think might have happened to them

Why are Jan's co-workers smiling?

Why is Jan asking them those questions, what is he trying to find out or get them to say?

26:03 - why did everyone stop when Al Love said he saw the stuff dumped?

26:35 - why does Cheeseman ask if the guy wants to take a break?

26:45 - Jan is all smiley when he starts asking more - why?

27:25 - The list that Jan looks at is a list of children and their ages (6 - 23) who are they?

28:00 - Cheeseman keeps saying that the guy doesn't have to answer the questions. Why?

Prepare kids regarding deposing witnesses - setting up witnesses

Timing … will they want to put the guy, who describes his son's death, on to testify … why or why not?

Beatrice Foods is represented by Facher and WR Grace by Cheesman

How will they make their wishes happen?

36:00 - what are "monitoring wells" (MUTE 36:58 "fuck")

Why is Jan doing this (the wells) … is this a lot of work?

40:00 - The cost of the case … this is a small firm … is it smart to continue to push it?

Why or why not?

41:00 - The banker is thinking about a loan, what is he thinking?

42:30 - Are those guys staring at Al Love, in the cage?

Why is Al Love looking at the water?

STOP

Prepare students to listen to the statistics coming up.

48:00 - Statistics and explaining how lawsuits work

50:20 - Facher says he will not let the families take the stand … why does he say that?

How can he stop them?

He says his company will pay expenses … what are the expenses?

Why is he saying he will pay them?

Jan thinks that is just the beginning of negotiation, why does he think that?

Cheeseman says Grace wants to settle ("wants a number")

56:00 - Jan does not settle for $ 25 million and in fact asks for $ 320 million … could he get more than $ 25m? Should he take it?

MUTE 59:36 "fuck"

Facher is delaying, trying to cost Jan more money … WHY?

Facher derides "pride" What is wrong with pride!!

1:04:25 - preacher man asking for money, why dose the movie include this clip?

1:15:00 where is the truth - really

1:30:00 What is the cost??? In money … in pride … in justice …

Agreement is made, is it fair?

What about the apology

After the case is over, we seeJan in his new situation. Does he like his new situation? What could have happened for it to work out differently?

What is he going to do now?

What does he think about?

Does the movie have a happy ending? Explain your answer.

What do you think Jan is doing now, this year?

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