Trial Court Functions, the Concepts of Schlichmann Essay

Exclusively available on Available only on IvyPanda®
This academic paper example has been carefully picked, checked and refined by our editorial team.
You are free to use it for the following purposes:
  • To find inspiration for your paper and overcome writer’s block
  • As a source of information (ensure proper referencing)
  • As a template for you assignment

Unique functions of a trial court

All trial courts only hold trials on cases. As opposed to appellate courts, trial courts always have jurisdiction over the original case. This simply implies that the trial courts are responsible for hearing a case for the first time it is taken for trial in a court. Appellate courts only hear appeals from individuals or groups of people who had previously gone to a trial court or any other lower court. It is only in trial courts that one would expect to find the jury. The jury is expected to find the facts linking to the case (Walker, 1980).

In the case of Woburn, the trial court could only address the issue brought up about the contamination of the town’s drinking water. The court could only try the case by using the facts. If the court found that the companies caused the contamination, then the companies would be found guilty. Anything beyond that would have to be handled in the court of appeal.

The preponderance of the evidence

The term preponderance of the evidence means that the side that would provide greater evidence concerning the case would lead either the judge or the jury to take one side as opposed to the other. This means that the side that provides evidence that is more convincing would be favored. A mere preponderance is not as heavy as having truth beyond reasonable doubt which is the burden of proof in a criminal court. This difference in the burden of proof in civil and criminal trials is due to the assurance of the conviction.

In criminal court, the conviction must be certain but in a civil court, the trial might require more hearing in an appellate court (Walker, 1980). This difference might be due to the differences in remedies available in the different courts. It was easy for the plaintiffs to prove their case because the evidence was clear. The water contained the deadly chemicals that were being emitted during the companies’ production process.

The truth

When Facher said that the truth was at the bottom of a bottomless pit, he meant that the trial was an unreliable method of finding the truth. He believed that the truth did not only lie in the chemicals that were found in the water. He believed that the truth was found somewhere beyond the evidence provided in court against the companies. However, he was not correct when he suggested that because the truth is always based on evidence.

The concerns of Schlichmann

Schlichmann was so concerned when the judge did not allow his clients to go to the witness stand to recount their stories of the illness and death of their children before he could listen to the experts. Schlichmann was not impressed because he was concerned that the judge might give the opposing side a chance to provide strong evidence against his case. In other words, the experts had expert opinions on the root cause of death and the possibility that the cause of death might have been due to other reasons. The experts could also convince the court that the reason why the chemicals were found in the water was not due to their act of negligence but out of reasons beyond the company’s control.

Schlichmann was mostly worried that he would lose the case over the opposition just because he did not have expert knowledge in medicine. The experts were knowledgeable and could convince the jury to find the companies innocent of the charges.

References

Walker, D. (1980). The oxford companion to law. Oxford: Oxford University Press.

More related papers Related Essay Examples
Cite This paper
You're welcome to use this sample in your assignment. Be sure to cite it correctly

Reference

IvyPanda. (2022, April 24). Trial Court Functions, the Concepts of Schlichmann. https://ivypanda.com/essays/trial-court-functions-the-concepts-of-schlichmann/

Work Cited

"Trial Court Functions, the Concepts of Schlichmann." IvyPanda, 24 Apr. 2022, ivypanda.com/essays/trial-court-functions-the-concepts-of-schlichmann/.

References

IvyPanda. (2022) 'Trial Court Functions, the Concepts of Schlichmann'. 24 April.

References

IvyPanda. 2022. "Trial Court Functions, the Concepts of Schlichmann." April 24, 2022. https://ivypanda.com/essays/trial-court-functions-the-concepts-of-schlichmann/.

1. IvyPanda. "Trial Court Functions, the Concepts of Schlichmann." April 24, 2022. https://ivypanda.com/essays/trial-court-functions-the-concepts-of-schlichmann/.


Bibliography


IvyPanda. "Trial Court Functions, the Concepts of Schlichmann." April 24, 2022. https://ivypanda.com/essays/trial-court-functions-the-concepts-of-schlichmann/.

If, for any reason, you believe that this content should not be published on our website, please request its removal.
Updated:
Privacy Settings

IvyPanda uses cookies and similar technologies to enhance your experience, enabling functionalities such as:

  • Basic site functions
  • Ensuring secure, safe transactions
  • Secure account login
  • Remembering account, browser, and regional preferences
  • Remembering privacy and security settings
  • Analyzing site traffic and usage
  • Personalized search, content, and recommendations
  • Displaying relevant, targeted ads on and off IvyPanda

Please refer to IvyPanda's Cookies Policy and Privacy Policy for detailed information.

Required Cookies & Technologies
Always active

Certain technologies we use are essential for critical functions such as security and site integrity, account authentication, security and privacy preferences, internal site usage and maintenance data, and ensuring the site operates correctly for browsing and transactions.

Site Customization

Cookies and similar technologies are used to enhance your experience by:

  • Remembering general and regional preferences
  • Personalizing content, search, recommendations, and offers

Some functions, such as personalized recommendations, account preferences, or localization, may not work correctly without these technologies. For more details, please refer to IvyPanda's Cookies Policy.

Personalized Advertising

To enable personalized advertising (such as interest-based ads), we may share your data with our marketing and advertising partners using cookies and other technologies. These partners may have their own information collected about you. Turning off the personalized advertising setting won't stop you from seeing IvyPanda ads, but it may make the ads you see less relevant or more repetitive.

Personalized advertising may be considered a "sale" or "sharing" of the information under California and other state privacy laws, and you may have the right to opt out. Turning off personalized advertising allows you to exercise your right to opt out. Learn more in IvyPanda's Cookies Policy and Privacy Policy.

1 / 1