曹慧雯 朱恩妮 孙佳林

Background Process Case point

It is a story about an AIDS patient, also a gay, a lawyer, used law to maintain his rights and interests. In the film, because Andrew had AIDS, his boss made an excuse for firing him. So he resorted to law to protect his rights and interests.

Perfect Promising AIDS Gay Unfair Helpless Gain recognition

competitor hesitating kind-hearted justifiably

frame lose the lawsuit frame lose the lawsuit ＃

Process At the beginning of the court : Both sides lawyer state the fact Plaintiff’s lawyer Defendant’s lawyer

Plaintiff’s lawyer 1.Andrew Beckett is a great lawyer 2.Andrew Beckett afflicted with a debilitating disease, keep the fact of his illness to himself,not open.----AIDS 3.his employers discovered his illness and panicked. so employers broke the law when they fired him for his aids. 1.Andrew Beckett is a great lawyer 2.Andrew Beckett afflicted with a debilitating disease, keep the fact of his illness to himself,not open.----AIDS 3.his employers discovered his illness and panicked. so employers broke the law when they fired him for his aids. Plaintiff’s lawyer 1.Andrew Beckett is a great lawyer 2.Andrew Beckett afflicted with a debilitating disease, keep the fact of his illness to himself,not open.----AIDS 3.his employers discovered his illness and panicked. so employers broke the law when they fired him for his aids.

1.Andrew Beckett performance on the job is incompetent 2.Andrew Beckett was successfully conceal his disease from his employers. 3.empleyers did not know Andrew Beckett had aids. 4.Andrew Beckett is dying. 5.Andrew Beckett want someone to pay his losses. Defendant’s lawyer

A boss. Andrew Beckett represented his company in the lawsuit and won the cases. Witness

Ms.benedict. an AIDS victim too. She suffer the disease not caused by her behavior. BUT she also feel discriminated Witness

Ms.burton. An African- American woman who suffered discrimination by this company too. Witness

ms o 'hara a college with Andrew Beckett Next several colleagues witness proffered testimony 提供证词 Above all, Their colleagues didn’t think that Andrew Beckett is reckless of making such a big mistake.

He declared a lot of thing that can certify his ability and not like The plaintiff

Reason: ⑴ The company sent Andrew to represent them to take over an extremely difficult cases because his brilliant talent. ⑵ They fired him when they found Andrew AIDS caused by sexuality----against the discrimination law The jury pronounced that Andrew won the case

Relevant precedent--Arline decision The Federal Vocational Rehabilitation act of 1973 ( 联邦 富康法 )prohibits discrimination against otherwise qualified handicapped persons who are able to perform the duties required by their employment.discrimination Case Point

Relevant precedent--Arline decision (continued) Although the ruling( 法例 ) did not address the specific issue of HIV and AIDS discrimination, subsequent decisions have held that AIDS is protected as handicap under law, not only because of the physical limitations it imposes, but also because the prejudice surrounding AIDS exacts a social death which precedes the actual physical one. social death

Discrimination Forming opinions about others not based on their individual merits but rather their membership in a group with assumed characteristics ← ＃

Social death Social death is a term used to describe the condition of people not accepted as fully human by wide society 社会性死亡 有别于生活或临床上的死亡 不可逆状况