1. What college did Jan Schlictmann attend, and which scene in the movie illustrates this?

2. Several times in the movie, Robert Duvall's character, Jerome Facher, is seen teaching law students in class, during which times he offers little "gems" of trial practice to the students. Complete the following statements offered by Facher:

Never ask a witness 'WHY' unless .

The single greatest liability a lawyer can have is .

If you fall asleep, wake up by exclaiming .

3. At the very beginning of the movie, Jan Schlictmann offers the following soliloquy:

It's like this. A dead plaintiff is rarely worth more than a living severely-maimed plaintiff. However, if it's a long slow agonizing death as opposed to a quick drowning or car wreck, the value can rise considerably. A dead adult in his 20s is generally worth less than one who is middle aged. A dead woman less than a dead man. A single adult less than one who's married. Black less than white. Poor less than rich. The perfect victim is a white male professional, 40 years old, at the height of his earning power, struck down at his prime. And the most imperfect, well in the calculus of personal injury law, a dead child is worth the least of all.

Explain in detail the logic behind this argument as it relates to damages arising in a personal injury litigation. Be thorough in your discussion.

4. During discovery, Jerome Facher enters into a line of questioning with a deponent that includes such questions as "Do you eat peanut butter?"; "Do you have fillings in your teeth?"; "Do you use tampons?" Why does Facher do this? How does it relate to the elements of negligence against his client? Explain in detail.

5. Discuss in detail the attempt to utilize Rule 11 by counsel, and the reasons for doing so. Again, be thorough and detailed in your discussion.

6. Against his better judgment, Jan has taken a tort case involving sick children. Provide a THOROUGH DISCUSSION of this tort case, making sure to address the following points in detail:

7. Why is taking this case "against his better judgment"?

8. Treat this case as a typical test "scenario", and tell me (1) who the parties are; (2) which tort(s) are being alleged by whom; (3) Are the elements of the tort(s) present?; (4) what are the defenses to the tort(s), and are they present?; and (5) which party should prevail, and WHY.