Recent content by Beachwriter

Worth a re-watch! I've only ever seen the Spencer Tracy version long ago. It's a fine drama, for sure!

Back again with my fictional wrongful death case. Really, this is a minor bit of the novel but I want it to seem plausible. If the defendant proves that the killing of her rapist was justified, and the verdict goes against the plaintiff (rapist's family), does the plaintiff have the option to...

That would be a good option for this novel. I can see why a lot of lawyers make good novelists! In general, is it preferable to have a jury trial or a bench trial in a civil suit? And who gets to decide? I'm wondering which option would give the defendant (rape survivor) the better chance.

Oops, yes, sorry. The rape survivor would be your client and the plaintiff is the dead rapist's family.

I appreciate all the responses in this thread. Does the plaintiff have to appear in person? (assuming this is after the pandemic) If the plaintiff is your client in this case, what approach would you take to deal with the suit in order to get the best outcome for her? Thanks again.

Thanks for this info. In the fictional situation, the main character is a woman who killed the man in the act of raping her. She was charged with murder but later walked free based on the "no duty to retreat" defense. It was somewhat informed by the Brittany Smith case which I read about in The...

Thanks, wow, all those legal dramas I've been watching are not as reliable as this forum!

Thank you again. My plot is far-fetched but readers like a bit of verisimilitude. Another hypothetical--if a judge gets sick or is called away, is it likely they could keep the scheduled hearing if another judge is available? "Loser's rant" - love this.

Thanks for this reply. It's really helpful. It's surprising that there can't be an appeal until after the judgment. Don't some of these cases take a long time to settle? And you're right, the judge is corrupt, but his stated reason for the extension is that the defendant left the state and...

Hello! This question is for a fictional incident in a novel, but I want it to seem realistic. If it's not appropriate to ask here, please feel free to moderate; I don't want to waste anyone's time! The fictional situation is that a wrongful death claim is filed outside the 2-year statute of...