Analysis of "The Practice"

Paper Summary:

This evidentiary examination focuses on two episodes of The Practice, "Truth and Consequences" and "Burden of Proof." The writer notes that these ran consecutively on January 12 and January 19, 1998, respectively and primarily focus on the same civil case. First a plot summary of these episodes is provided. Then, an analysis of the evidence offered in them is conducted, along with any problems that may exist in the presentation of that evidence. Though the proceedings depicted in these episodes seem to be taking place at the state level, and not in a federal court, the Federal Rules of Evidence (FRE) is nevertheless used to analyze all of the evidence presented. The writer concludes that for the most part the evidence introduced during the trial and pretrial proceedings of the episodes "Truth and Consequences" and "Burden of Proof" was portrayed fairly accurately.

Outline:
"Truth and Consequences"
"Burden of Proof"
Analysis of the Evidence Presented
Jimmy Berluti's Direct Examination of Expert Witness Joel Helms
Boston Power's Cross and Impeachment of Expert Witness Joel Helms
Boston Power's Direct Examination of Its Star Expert Witness Dr. Munson
Jimmy Berluti's Cross and Impeachment of Boston Power's Expert Witnesses
Conclusion

From the Paper:

"The Practice was centered on the small, often struggling but always noble Boston law firm of Donnell and Associates, led by attorney Bobby Donnell. The firm was later renamed Donnell, Young, Dole and Frutt when Bobby decided to take on more partners by promoting three of his associates. The majority of the drama in the series is derived from the high stakes, high profile, often controversial criminal defense cases the firm accepts. The firm's attorneys are depicted as decent, caring, kind-hearted lawyers who pride themselves on taking the tough criminal cases that no one else will touch. Yet the firm also litigates and settles some civil matters, usually various forms of tort or employment actions. This is one of the unique qualities of The Practice that serves to distinguish it from other legal dramas on television, such as Law and Order, which typically tend to concentrate exclusively on the criminal justice system and the function of courts and attorneys within it."

Sample of Sources Used:

• Federal Rules of Evidence:
• Rule 103, Rulings on Evidence
• Rule 401, Definition of Relevant Evidence
• Rule 403, Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time
• 601, General Rule of Competency

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