Begin by viewing the filmThe Verdict. The film is from 1982, so some of the cultural context is...

Question

Begin by viewing the filmThe Verdict. The film is from 1982, so some of the cultural context is outdated (e.g., payphones were the way to go since no one had a cell phone). However, as noted in previous lectures, the infrastructure and fundamental procedures of the legal system tend to be very stable; these have not changed since the time of the film through the present date. For that reason,The Verdictcontinues to be viewed as one of the best courtroom dramas on film. [Fun fact: Actor Paul Newman (yes, he's also "the salad dressing guy") was nominated for an Oscar for his performance, but lost to Ben Kingley in “Ghandi.”]

The film is available on STARZ or on Amazon Prime Video or Hulu with a STARZ subscription. If you don’t subscribe to STARZ currently, for a limited time, you can sign-up for a 7-day free trial. Alternatively, you may rentThe Verdicton Amazon Prime Video for a one-time charge of $3.99.

After viewing the film and the Lecture Series in Module 6, please respond to the following questions:

Based on the course material related to tort law and civil procedure, list and briefly describe two (2) things that Hollywood got “right” in the film.(Limit: No more than 1 page; 20 points)

Based on the course material related to tort law and civil procedure, list and briefly describe two (2) thingsthat Hollywood got “wrong” in the film.(Limit: No more than 1 page; 20 points)

Outline the required elements of Plaintiffs’ claim for medical negligence. For each element: (1) Discuss the evidence presented in the film relevant to that element and (2) assess whether or not Plaintiffs met their burden of proof on that element. Be sure to explain your reasoning fully.(Limit: 2 pages; 60 points)

Format:

Your responses must be typed anddouble-spaced.

Use standard margins andno smaller than 12-point font.

Tanisha · Accepted Answer

Answer 1
1) Best evidence rule
The rule of best evidence as provided in the Federal Rule of Evidence 1001(1), requires that “[I]n proving the terms of a writing, where such terms are material, the original writing must be produced, unless it is shown to be unavailable for some reason other than the serious fault of the proponent. ”[footnoteRef:1] Other than few exceptions, the secondary evidence is generally not included. In the movie, the crucial point is determining whether the anaesthetists were given the right time by the admitting nurse when the patient had meal before the surgery. In the original document submitted, the time was 9 hours whereas the admitting nurse stated that that the document was tampered with and she has the photocopy of the original document stating that the patient had meal an hour before. The defence lawyer cited precedent that in terms of best evidence rule, the photocopy was not admissible as the original was already admitted. Hollywood got this ‘right’ in the film.  [1:  United States v. Duffy, 454 F.2d 809, 810 (5th Cir. 1972). 
] 
2) Court procedure
The movie followed the proper time-line of civil procedure wherein the attorneys of both the plaintiff and the defendant meet to try to settle the case, if the case is not settled then, a date is set for trial. In the trial, both the parties are given the opportunity to examine their witnesses and cross-examine the witnesses of the opposite party. 
Thus, in the movie we saw that the witnesses Dr. Thompson and the admitting nurse,

Begin by viewing the film The Verdict . The film is from 1982, so some of the cultural context is outdated (e.g., payphones were the way to go since no one had a cell phone). However, as noted in...

Answer To: Begin by viewing the film The Verdict . The film is from 1982, so some of the cultural context is...

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