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BUFFALO CREEK DISASTER
A Civil Lawsuit
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HOW LAW…… Used to determine corporate irresponsibility
Creates new precedents to obtain relief from suffering Is used and understood by lawyers
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STORY ABOUT The devastation of a community What recourse for survivors
Power imbalance between people and corporation How lawyers use law to redress abuse of power
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CIVIL LAWSUIT Determines wrongdoing
Uses “preponderance of evidence”as standard of proof (criminal case used “beyond a reasonable doubt”) Awards monetary damages Compensatory and/or punitive
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Civil Lawsuit can be Tool of social justice
Effective tool of punishment Monetary compensation for harm suffered What else?
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STRUCTURE OF CIVIL SUIT
Starts with complaint
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BEFORE COMPLAINT FILED
Who are plaintiffs and defendants Who has suffered harm and who caused it Who are lawyers Fee structure-contingency fee Where to sue-state, federal How to assess damages Theory of case Causation –how to prove defendants did or did not cause harm suffered
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WHY GO TO TRIAL $$$$ Educate Public “day in court” Humiliation
Stop bad practices ???
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Why Settle? ?????
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