Please refer to Case 9-3 and consider the following questions: 1. Highlight the importance of facts in shaping a judicial opinion by writing an imaginary letter that, had it been introduced as...


Please refer to Case 9-3 and consider the following questions:


1. Highlight the importance of facts in shaping a judicial opinion by writing an imaginary letter that, had it been introduced as evidence, would have greatly distressed Union Carbide Corporation (UCC). Clue: Review the first part of the decision, in which Judge Mansfield discussed the extent of UCC’s involvement in the plant where the accident occurred. What facts would counter his statement that the parent company had only “limited” involvement?


2. Suppose a U.S. plant exploded, resulting in extensive deaths in the United States. Further, suppose that all the engineers who built the plant wrote and spoke German only. Could Judge Mansfield’s decision be used as an analogy to seek dismissal of a negligence suit against the owners of the plant? Clue: Review the discussion of the use of legal analogies in Chapter 1 and apply what you read to this question.


 3. What additional information, were it to surface, would strengthen Union Carbide’s request for a dismissal of the case described? Clue: Notice the wide assortment of facts that Judge Mansfield organized to support his decision.



May 02, 2022
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