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Marvel Cinematic Universe

Hollywood Law in this series.

Films

  • The Incredible Hulk:
    • General Ross decides that undergoing a government-funded medical procedure makes the person who did so the property of the government. This would probably be considered slavery under the 13th Amendment to the Constitution.
    • Ross justifies his hunt for Banner by declaring him to be responsible for the deaths and destruction caused by Hulk's initial rampages (something he might have a good case for). This provides a legal justification for tracking down and apprehending the fugitive doctor. Unfortunately, it also makes it blatantly illegal for Ross himself to be part of that manhunt. The Posse Comitatus Act severely restricts (and in most cases, outright prohibits) the use of military personnel in law enforcement roles. This would also make all the resources that Ross uses in the manhunt a criminal misappropriation of Army property and funds.
    • After finding evidence that Banner is in Brazil, Ross blatantly ignores the fact that they have had an extradition treaty with the US in place for over forty years and sends in commandos to retrieve him instead of going through the established channels to have Banner arrested and shipped home. This would cause a major international incident that could be considered an act of war. When General Ross reappears in Captain America: Civil War, he has somehow managed to become the United States Secretary of State, and his past crimes are never mentioned.
  • Captain America: Civil War: In real life, the Sokovia Accords could only apply to the American Avengers if constitutional law doesn't exist. The Accords apparently grants the United Nations the authority to arrest American citizens while violating their constitutional rights to due process, an attorney, and trial by jury. This doesn't make sense, since the Accords are a treaty that would have no legal impact on United States citizens unless Congress passed a law to fully ratify it. Even if Congress passed such a law (which is a big if, given the hyperpartisan nature of US politics), it would likely be overturned by the US Supreme Court for violating the (aforementioned) legal rights of American citizens protected by the Fifth and Sixth Amendments (at least). That's a small sampling of the problems with the Accords.
  • Spider-Man: Homecoming: The inciting incident where the U.S. government takes over the salvage operations from a local contractor would not typically result in the ruination of Adrian Toomes, the local contractor. Early termination is a standard part of contracts that specifies who owes whom what in the event one party or another wishes to terminate the contract. In this case the Feds would force the City of New York to terminate their salvage operations, activating the early termination clauses with the contractors. This is typically a large payout that covers the cost of purchasing or leasing equipment and hiring employees (two items that Toomes explicitly mentions). Operating without protection from early termination is incredibly risky and unlikely to be undertaken by any sort of established businessman. In fact, Damage Control voiding Toomes' legal city contract without compensating him is highly illegal. In any situation like this, the government has a duty to compensate businesses for what is essentially seizure of eminent domain, and given the stakes involved, a salvage company operating on a city contract in New York City (the most contested real-estate market in the world), Toomes had more than enough to sue for a big fat check from the government. In addition, contract terminations of this sort generally require some sort of official process, which would by rights result in Toomes being informed that the awarding of the salvage contract to Damage Control was being challenged and granting him a hearing in which he could defend his company's suitability to handle the job before it was taken away.

Live-Action TV

The following have their own pages:


  • Luke Cage (2016):
    • Every time a suspect asks for a lawyer, the interrogator continues asking questions, hoping to pressure the suspect into talking. Even Inspector Ridley, who is characterized by her belief in following the system, does so. In reality, the police must end an interrogation the moment a suspect asks for legal counsel, and can only resume once a lawyer has arrived. While there ARE instances where cops try to skirt around this, they usually try to do so by changing the subject or asserting that their past or present questions weren't part of any "official" interrogation, not by simply ignoring the request as seen in this show. If they do, and it's recorded, anything they get after this isn't usable in court.
    • Only once has this actually played realistically. In the second episode of season 2, Misty lets herself into the interrogation room to question Arturo Rey, after he's already lawyered up. After Donovan shows up to bail out Arturo Rey, Ridenhour calls Misty out on this.
    • After the Candace interrogation in "Blowin' Up the Spot", Mariah leaves, telling Misty, "You know what, I'm not under arrest, and I change my mind: you wanna talk to me, you call my lawyer." The statement "contact me through my lawyer" does NOT apply to police officers, meaning the cops could still call Mariah back for questioning if they had any reason to without having to go through her lawyers. "Contact me through my lawyer" only applies to other lawyers, as they have ethical rules stating, for instance, that a lawyer may not contact an opponent who has retained their own counsel (to stop a lawyer browbeating the other side into confessing, or in a civil case, stop them from coercing concessions etc. from them).
    • Shades making bail is treated as if he skated on all criminal charges he was facing. Posting bail is not the same thing as "cleared of all charges." Bail is a guarantee of a later appearance in court. If you don't appear, it means you'll be tracked down and arrested, then put in jail until your trial, plus faced with a bail-jumping charge too. Furthermore, people on bail tend to be subject to various other restrictions on what activities they can engage in, meaning Misty would've had grounds to rearrest Shades when she, Luke and Claire caught him and Mariah at Pops' barbershop.
    • During Shades' interrogation, Inspector Ridley says that as a participant in Diamondback's hostage situation, Shades is facing multiple kidnapping with a weapon charges. In real life, as one hostage was killed during the course of the hostage situation, he (and every other participant) would also be charged with Felony Murder for the murder of Damon Boone. In fact, it's amazing Shades even was granted bail in the first place, as there are multiple witnesses who would have seen him holding the hostages and he came at a police officer and a civilian while armed with a gun, which is two counts of assault with a deadly weapon. (It's implied that a judge may have been paid off, seeing as Shades and Mariah pay off another judge in order to get Arturo Rey bailed out)
    • In real life, Misty would probably be forced to recuse herself from the case once Luke became a suspect/person of interest in the Cottonmouth crimes. Her one-night stand with him generates a conflict of interest.
    • Luke's backstory plays fast and loose with human research ethics (which have been codified into law since WWII). FDA regulations explicitly forbid the use of prisoners in research providing no direct benefit, except in very specific cases (most of which require that the research have no or minimal risk). They also forbid using reduced sentencing as an incentive toward consent—that's textbook coercion. That said, it is established that Seagate is a very corrupt prison, so they may be fully aware that they are breaking the law.
    • The NYPD doesn't have a 29th Precinct. The 29th Precinct is a fictional establishment created because the NYPD requires films and TV shows to use fictional precinct numbers to tell film cars apart from in-service patrol cars. The 29th happens to fall within the numbers of the actual police precincts for Harlem: the 23rd, 25th, 28th, 30th, and 32nd.
    • Misty mocks Shades for dismissing his lawyer halfway through his confession, causing him to be unaware of the terms of his deal. But his lawyer would have had to make the terms of the deal clear to him before he decided to take it and make his confession, not after. Unlike real property or the hearsay rule, legal ethics is fairly straightforward.
  • Iron Fist (2017):
    • A minor case, but when the DEA SWAT team raids Colleen's dojo on the "tip" from Harold's frameup, they kick in the door without first shouting "Police! Open the door!" Part of the reason the police do that is... pretty much to avoid this exact situation; there is a significant percentage of civilians with combat training, many of which live in high-crime neighborhoods just like Colleen's where having their homes invaded by violent criminals is a very real possibility. Sure, Colleen and Danny only gave them two seconds, but that's more than enough time to then shout the two words law enforcement are legally required to the instant a raid begins and before shots are fired so as to avoid entrapment — so that suspects know that the invaders are not criminals and they'll be in trouble if they fight back. This probably helps with Danny's Wrongful Accusation Insurance at the end of the episode — though, too, the "generous contribution to the DEA Widows and Children's Fund" was probably a lot more effective. The only legal exception is if they have reason to believe the suspects will destroy evidence upon hearing the police are at the door, and they need a special "no-knock" warrant to not announce their presence.
    • The board of directors cannot simply "oust" Danny, Ward, and Joy from the company, as they're the majority shareholders. For them to even be directors requires Danny's approval.
    • The chemical plant lawsuit that affects Rand Enterprises midway through season 1, wherein Rand is being sued by some Staten Island residents who claim to have come down with cancer as a result of chemicals being manufactured at the plant. The plaintiffs' case doesn't have a leg to stand on. There’s no proof that the chemical plant causes cancer. As Joy points out, Rand Enterprises have met all legal and environmental requirements, so they’re not really in the wrong. The issue would be with the lawmakers. Even if there is a correlation between the chemical plant and the cancer cases, it doesn’t necessarily prove causation. But then the plaintiffs' lawyer rather stupidly decides to have one of his clients try to coerce an admission of guilt from Danny, while he films it for blackmail purposes. The Meachums and the board are worried about it, when in reality it would be a slam-dunk for Rand Enterprises. The video wouldn’t stand up in court and this lawyer would be very lucky if he only got disbarred (because blackmail is illegal).

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