civil action essay

Filing a case against a person who has offended another does not simply involve a question of whether there is truly a relief available in favor of the party filing the case or the so-called plaintiff Matters such as costs is likewise of paramount consideration . In the actual practice as can be gleaned from the Woburn case , costs are taken into consideration . Whether a case will be d in court or not whether the case has sufficient leg to stand on or not is affected by whether there is sufficient funds for the

prosecuting a case

Costs of the litigation arise from among others , the need to gather information to support the claim of either the plaintiff or the defendant . As in this case , at the first instance , there was no clear information as to the basis of the case to be d , and against whom should the case be d . Anne , whose child was diagnosed of leukemia had a thought that it was the contaminated water that led to the disease and eventual death of her son . This feeling was bolstered by experiences of parents living within their area whose children are likewise suffering from leukemia . Thus , Anne together with other parents have mailed letters to the government agencies to seek for help But in as much as they wanted for answers to their questions , the mayor was not as responsive as they thought to be . The thought that the contaminated water had caused the leukemia and eventual death of 18 children had remained in the thoughts of Anne . It was only the lapse of several years that findings of fact were discovered on the relation of the contaminated water on the disease . This was not however a product of just a snap of a finger . It had to be subjected to a thorough study a scientific study as in this case , to get into the bottom of the facts and prosecute those who are directly involved in violation of the law Availability of pieces of information like this is determinative of the weakness or strength of the case

Availability of funds in payment for the costs of the litigation is one of the determining factors for a case to prosper . In the Woburn Case counsel for the plaintiff , Mr . Schlichtman , convinced by the opinion of Conway , another counsel with whom he was working with , treated the case as a `black hole , or one which is a `gold mine , that is , the case initially appears to be interesting but would turn out to be of little merit or would less likely to prosper for one reason or another . It was due to the insistence of Reverend Young that if costs of the litigation would be a problem , which Schlichtman admittedly referred to it as such one Anthony Roisman , a lawyer from another famous law firm , could very well help Schlichtman and his team in pursuing the prosecution of the case . It was then the Schlichtman decided to accept the...