The American civil justice system is important because it gives people the opportunity to receive justice through the legal system when they are injured by misconduct or negligence by others, even if it means taking on big companies. While it doesn't receive as much attention as criminal justice because its problems aren't obvious, many Americans are affected by it every day. A History of Civil Action by Jonathan Harr presents a civil justice system plagued by complexity and high costs. For example, Jan Schlichtmann's (the plaintiff's lawyer) should have been a simple case, but it turned into a legal puzzle full of technical details that took a long time to solve. A Civil Action offers practical and theoretical insights into the nature of civil justice system processes and how the mass nature of most civil litigation places victims at stake. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original Essay One of the major problems Jan Schlichtmann encountered while discussing the Woburn case was identifying potential tort plaintiffs and any victims of the contaminated water. Woburn had many people, because of this significant population it was difficult to determine which children were affected by the contaminated water. Schlichtmann was initially unable to prove that the cases of leukemia in children were actually caused by contaminated water from the H and G wells. But it was later agreed that most of Woburn's cases of leukemia were caused by toxins exposed to the environment that were suspected to be carcinogenic. Therefore, civil cases should be tailored according to the nature and size of the dispute and provide solutions on what the disagreement requires. The second problem presented by civil cases is the problem of undetermined defendants that Ian Schlichtmann encountered while arguing the Woburn case. The issue of indeterminate defendants arises when there is difficulty, in practice or principle, in accurately attributing responsibility for causing damage to the tortfeasors. This problem of indeterminate defendants presents itself clearly in the Schlichtmann case where it is unable to establish which company is responsible for the water contamination in wells G and H. The civil justice system is inconsistent as to which defendant should bear the burden when there are many defendants like the Woburn case. Schlichtmann launched formal complaints to prove that groundwater contamination by the companies WR Grace and Beatrice Foods was what caused the leukemia. The main difficulty Schlichtmann encountered was to prove that these defendants were responsible. William Chessman, the defendants' attorney, refuted the claim by citing the plaintiff's research which had admitted that there was no firm evidence about the relationship between families, chemicals in the wells and Beatrice and Grace Companies. This case was obfuscated by establishing the causal link between the two companies as major polluters. Therefore, one can safely describe the American civil justice system as complicated and shrouded in procedures and technicalities that delay justice and make it costly; Schlichtmann had invested a fortune in this case which later caused him to declare bankruptcy. A civil action provides an opportunity to understand various undertakings of the civil justice system, particularly the irresponsibility of lawyers in Woburn litigation. Jan Schlichtmann had good intentions for the residents of Woburn. Harr's story portrays him as balanced,.
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