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Papers On Litigation, The Courtroom & The Trial System
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Breach of Fiduciary Responsibility (Evaluation of Case Study)
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This 23 page paper evaluates a case submitted by a student. The case is outlined and then evaluated according to state and federal law. The case involves a corporation doing business in Colorado but domiciled in California. Facts of the case include, briefly, two partners who raise money for a business venture, but then take some of that money for their own and leave the country. Recourse for investors is the main thing explored. Bibliography lists 10 sources.
Filename: SA224law.rtf

British Trial by Jury
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A 5 page paper which addresses current government desire to abolish trial by jury in Great Britain. The paper argues that trial by jury is essential to the system of law, and argues that, while there may be problems with the system, it does protect the rights of the citizens more adequately than no system would. Bibliography lists 4 sources.
Filename: RAjuryeuro.wps

Burden of Proof: Criminal Procedure
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A 3 page paper which summarizes an article pertaining to criminal procedure. The article addresses the burden of proof. No additional sources cited.
Filename: RAbuoo.rtf

Business Department Disbands Prior To Student Completing Studies: Damages
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5 pages in length. A student in the midst of completing a study program when the school decides to disband the business department is within his or her legal right to sue for breach of contract. Inasmuch as "catalogues, course descriptions and other writings may be considered contracts" (Gregg, 2004), it is prudent to charge the school with failure to honor the agreement it made with the student. Bibliography lists 5 sources.
Filename: TLCBizDamag.rtf

California Law Relating to Food Contamination
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A 6 page discussion of California law as it relates to food contamination. The author outlines a fictional case involving contaminated ice cream, a case in which tort law is probably more applicable than food contamination laws. An analysis is presented regarding the burden of proof facing the plaintiff in regard to proving negligence on the part of the ice cream manufacturer. Bibliography lists 4 sources.
Filename: PPlawCaF.rtf

Capital Punishment: Are Men More Supportive Than Women?
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7 pages in length. Capital punishment was not only implemented as a painful means of death, but it was also a way of demonstrating one's mistakes in front of the community. It was a grand way in which the guilty not only paid for their crimes by forfeiting their lives, but it also served as a way to forcible inflict extreme humiliation while they suffered imminent death. The presumption was that those who witnessed such an act of barbaric magnitude would refrain from committing any such crimes themselves. It can easily be argued that the origins of capital punishment held a triple purpose: to kill the convicted by torturous measures; to maintain order within the community by way of intimidation; and to provide entertainment for the masses. The writer discusses who supports capital punishment in contemporary society and addresses the whether or not men are more likely to advocate an eye for an eye. Bibliography lists 5 sources.
Filename: TLCcaptl.wps

Case Law: Murder
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3 pages in length. The writer briefly discusses if a defendant can be charged with murder if the weapon is not in evidence. Bibliography lists 2 sources.
Filename: TLCmurder.rtf

Case Study Analysis Related to the Do Not Call List
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This 5 page paper looks at a Broward county case related to a business that violated the Do Not Call dictum. While Florida law is the focus of this case, Supreme Court decisions regarding the subject are also discussed. Bibliography lists 6 sources.
Filename: SA219Fla.rtf

Case Study: Negligent Teacher
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8 pages in length. A teacher's fundamental task is often incorrectly construed as being one of instruction; while education is, in fact, a primary function of every teacher, it is not necessarily the important, particularly when the classroom is full of children. The notion of supervision then becomes equally as essential a responsibility as any lessons the students may be taught. When teachers fail to uphold this responsibility and leave a room of unattended children, they open themselves up to a litany of legal problems with such a breach of duty. Bibliography lists 6 sources.
Filename: TLCNegTeach.rtf

Case Summary
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This 3 page paper summarises various aspects of the Australian case Re: Demagogue Pty Ltd And Nicholas Ramensky and Gisela Elizabeth Ramensky No. G54 of 1992 Fed No. 851 Trade Practices (1992) 110 ALR 608 (1992) 39 FCR 31.
Filename: TEdemagouge.rtf

Charles Manson: Chronological Events and the Tate-LaBianca Murder Trial
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This is a 5 page paper describing the chronological events in the life and trial of Charles Manson. Detail of the trial is included. The chronology of events and the life of Charles Manson which led to his eventual trial and conviction for the Tate-LaBianca murders is one of crime, psychological disorders and the establishment of his “Family”. Manson had lived his life mostly within the prison system until his release in 1967 and the establishment of his group of followers called “The Family”. In August 1969, Manson and Family members murdered five people at the Tate household and two at the LaBianca household. In 1970, their trial lasted nine months which included testimony which proved to be more shocking than the murders themselves. Manson and the other three members on trial were eventually found guilty of first-degree murder. Charles Manson is still in prison and was been denied his tenth parole hearing in April 2002. Bibliography lists 1 source.
Filename: TJCMans1.rtf

Child Sex Abuse Claims / Techniques for Assessing Validity
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A 12 page paper in which the writer posits that while many child sex abuse claims are very true, some are indeed very false. Assessed are the various methodologies for determining the accuracy of statements made about such abuses by children, the existing laws concerning child testimony in court, and the psychological factors which may actually cause delusions of child abuse. Bibliography lists 9 sources.
Filename: Childsex.wps

Children's Rights in the UK
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This 10 page paper considers the way in which the rights of children have developed and how they are determined. The paper includes discussion of the Gillick Case, as well as the Children's Act 1989 and subsequent acts and measure including those of the United Nations. The bibliography cites 6 sources.
Filename: TEchildl.wps

Class Action Lawsuits: Various Companies
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10 pages in length. The writer discusses class action lawsuits as they relate to AOL, CMGI, InfoSpace, ARIBA, Exodus Communications, WorldCom, Oracle, Cisco Systems, Qualcomm, United States Interactive, NY Railroad, Puma Technologies, Infoseek, Amazon, Advanced Viral Research, Celera Genomics, Genome Therapeutics and JDS Uniphase. No bibliography.
Filename: TLCClsAc.rtf

Closing Argument for a Capital Case
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This 4 page paper examines a case study submitted by a student and presents an argument that a prosecutor might use to convict two men for the crime. The case involves cannibalism under unique circumstances. No bibliography.
Filename: SA415ccc.rtf

Commercial Law Questions
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This 20 page law paper, based on English law, is written in three parts, answering three separate questions on contract law, agency and insolvency law. The first question looks at liability and the extent of liability under contract law where a product supplied causes damage to a customers property. The damage is the result of a faulty ingredient supplied by a wholesaler to the supplier. The second questions considers the rights of agents when an agency is terminated under the Commercial Agents (Council Directive) Regulations 1993 and under common law. The third question consider how a supplier can ensure they receive payment form a customer if they are concerned the customer may default. The bibliography cites 21 sources.
Filename: TElawqcon.rtf

Commonwealth vs. Tracy L. Prashaw
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This 3 page paper provides the facts of this case and a look at the reasoning for the judge's decision. The case involves evidence rules. Bibliography lists 2 sources.
Filename: SA430TLP.rtf

Constructive Eviction in the State of New York -- Incidental and Consequential Damages
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This 3 page report discusses the meaning of “constructive eviction” in the State of New York and the circumstances under which incidental or consequential damages may be available. In the most simplistic of explanations: “Constructive eviction occurs when residential rental property is an uninhabitable condition. The uninhabitable condition makes the property unsuitable to live [or work] in.” Bibliography lists 6 sources.
Filename: BWevict.wps

Contingent-Fee Arrangement Versus "Loser Pays"
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5 pages in length. The American public cannot watch late-night television without being overwhelmed with a barrage of legal counsel commercials advertising their contingent-fee agreement; for a large chunk of the plaintiff's settlement - anywhere from twenty-five to fifty percent - the company will represent that individual for no upfront costs. While logic says an attorney would never take a case on contingency unless he or she knew the odds were very much in the plaintiff's favor to emerge with a victorious ruling, this is not always foolproof for the legal counsel when they realize - after investing considerable time and money out of their own pockets - that the case is far from solid. By contrast, a system whereby the loser covers all costs from both sides can either benefit or damage the defendant if the plaintiff has a better attorney and earns the decision in a case whereby the defendant was not guilty of any wrongdoing. Indeed, the prevalence of people being ruled against simply because the opposing side was more effective with identifying loopholes in the system illustrates how there are still some aspects of law that fails to serve and protect the innocent. Bibliography lists 3 sources.
Filename: TLCContingent.rtf

Contract Law
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A 3 page paper that begins with a brief scenario of a hypothetical breach of contract lawsuit. The writer provides reasons for the court to rule in favor of the claimant, who was the purchaser of a gazebo. Three other court cases are used to justify the claim. Bibliography lists 3 sources.
Filename: PGgzlaw.RTF

Contract Law; Have Contract Terms Been Breached?
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This 6 page paper looks at a case where a newspaper advertisement is placed advertising facilities for a hotel that are not available when the guest arrive and a price that is lower than the price charged. The paper looks at whether the advisement is a offer or an invitation to treat, and then at if the promises in the ads are terms or mere representations. The paper is written with reference to English law. The bibliography cites 5 sources.
Filename: TEinvtreat.rtf

Contract to Purchase
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A 7 page paper discussing the situation in which Betsy Ross has purchased (and paid in full in cash) a painting for sale at an antique shop. She asked the shop owner to repair a small tear in the painting as she looked on; they both became aware of some paper folded into the item, hidden within the frame behind the painting. That paper appears to be a draft of the Declaration of Independence, written in Thomas Jefferson's own hand. The shop owner no longer wants to sell the item for the stated price and has offered to refund Ms. Ross' cash payment of $150. On her refusal, the shop owner refused to relinquish the painting and all items associated with it. The paper is a chronology of Ms. Ross' attorney's actions and rationale for them. Bibliography lists 5 sources.
Filename: KScontractPurch.wps

Contracts
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A 5 page paper that specifies some of the main areas to consider in contract negotiation, including contingency areas. Subjects covered include the offer, assent, time specifications, nonperformance, termination and renegotiation clauses. No bibliography.
Filename: Contract.wps

Corruption in the Courts
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This 10 page paper looks at abuse of power and evidence tampering. Several famous cases are used for illustrative purposes such as the trials involving Rubin 'Hurricane' Carter, O.J. Simpson and Mumia Abu-Jamal. The Bill Clinton hearing is also referenced. Details of these cases, in terms of evidence and abuse of power, are duly noted. Bibliography lists 7 sources.
Filename: SA015Crt.rtf

Court of Equity and Court of Law
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This 5 page report discusses a fictional circumstance in which two landowners with adjoining commercial property find that one has inadvertently built a commercial building on his property that actually extends into the other landowner’s property. Because of the extension, the second property holder does not have a lot big enough to build his own commercial building. The lawyer for the first party is seeking relief in a court of law knowing that remedies at law are more stringent than in a court of equity. The second attorney is seeking assistance to proceed in a court of equity. The differences between “equity” and “law” are discussed and different arguments presented. Bibliography lists 5 sources.
Filename: BWequlaw.wps

Courtroom Camera: Legal And Ethical Implications
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11 pages in length. With all the deception and ridicule surrounding the American judicial system, it would seem a good idea to open up the courtrooms across the country to show in intricate detail just how the process is achieved. After all, both the public and the system itself stand to learn quite a bit from televised trials. From a taxpayer's point of view, people have every right to know what is happening inside the very courtrooms their tax dollars furnish. Supporters of cameras contend that each citizen should have the option of seeing just what their money is paying for, as well as be privy to every minute detail that may not otherwise make it into a reporter's account of the trial. However, the question that comes immediately to the minds of many critics when the issue of courtroom cameras is broached, is what actual purpose do they serve by being there? Bibliography lists 10 sources.
Filename: TLCCrtCm.rtf

Courtroom Observation
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This 3 page paper provides an overview of a hypothetical courtroom observatoin. Bibliography lists 5 sources.
Filename: MHCourOb.rtf

COURTS, UNIONS AND ARBITRATIONS
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This 5-page paper attempts to examine how courts handle union and employer complaints that don't go through the arbitration process. Bibliography lists 2 sources.
Filename: MTuncour.rtf

Crime and judicial procedures in four films
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A paper which looks at the way in which crime and judicial processes are dealt with in four modern movies, with particular reference to the moral and ethical foundations of the legal systems and the extent to which situational ethics may be appropriate in the context of law enforcement.
Filename: JLlawmovie.rtf

Criminal Justice Around the World
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This 7 page paper looks at the criminal justice systems of the United States, Argentina, Japan and Israel. The U.S. system is compared and contrasted with the other three. Bibliography lists 8 sources.
Filename: SA312cj.rtf

Criminal Liability & Defenses
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3 pages worth of short essays analyzing and responding to specific textbook cases involving Defenses to Criminal Liability : Excuses. Writer takes the role of both a public defendant and prosecutor. No Bibliography. Please write for more information.
Filename: Crimessa.wps

Criminal Mischief
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This 8 page paper examines the concept of criminal mischief and how it plays out around the world and in various states. New York is highlighted and other states and nations are mentioned. Bibliography lists 10 sources.
Filename: SA417NY.rtf

Darby's Gazebo
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A 3 page paper arguing the position of Percy in discussing the fictional case of Darby, Percy and Darby's gazebo. Darby agreed to sell the gazebo to Percy but has not; Percy has filed a lawsuit and seeks for Darby to be court-ordered the dismantle, relocate and reassemble the gazebo on Percy's property, requesting specific performance of the court. Bibliography lists 3 sources.
Filename: KSlawDarbGaz2.rtf

Did Bradwyn Intend to Escape?
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A 4 page paper providing two persuasive theories addressing circumstances in which a prison inmate was found. Mr. Bradwyn did not escape from the prison building, but he was charged with escape on the grounds that he was in an area that was off limits after hours. The paper provides persuasive theories in support of Mr. Bradwyn and in support of the charge of escape. Bibliography lists 1 source.
Filename: KSlawBradwyn.rtf

DISCRIMINATION SUITES BASED ON GENETICS
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This 5-page paper focuses on potential issues and suits brought to court over genetic testing results. Bibliography lists 2 sources.
Filename: MTgenedisc.rtf

Disparities & Discrimination in Criminal Justice
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A 4 page research paper that discusses the relationship between disparities between statistics pertaining to criminal justice and discrimination. The writer argues that a disparity between ethnic groups that is disproportionate to the percentage that the group holds within the overall population is highly suggestive of discriminatory practice on the part of the criminal justice system. Examination of empirical research, both having to do with the trial system and police procedures, indicates that this is, indeed, the case and discrimination does exist in the American justice system, despite the numerous laws prohibiting such practices. Bibliography lists 2 sources.
Filename: khdisdis.rtf

Dividing Fences Act 1953 and the Case of Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31
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This 6 page Australian law paper is written in two parts. The first part examines the way in which the Queensland Dividing Fences Act 1953 can be applied to a property where there is no boundary fence. The second part of the paper summarises the judgment in the case of Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 concerning the breach Section 52(1) of the Trade Practices Act (Cth)and then looks at how this has been applied to later cases. The bibliography cites 6 sources.
Filename: TEfencecase.rtf

DNA Evidence and the Daubert Test
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This 4 page paper examines a case in which DNA evidence helped obtain a conviction, and discusses whether or not that evidence passes the Daubert test. Bibliography lists 3 sources
Filename: HVDaubrt.rtf

Do Lawyers Operate In The Public Interest?
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This 28 page paper sets out to consider the proposition that lawyer operate in the public interest. The paper starts this by defining the role of the lawyer, which includes the UK definitions of both barristers and solicitors. Following this the meaning of public interest is discussed with reference to different perspectives, and the manifestation of the way law seeks to serve the public interest is examined, with the theories of Devlin and Hart. The final part of the paper then considers how public interest is served with the examination of a well known case where public interests were of paramount importance; the extradition proceeding of General Pinochet, a case where it is often assumed that public interests were not served. The bibliography cites 20 sources.
Filename: TElawyers.rtf

Does The High Profile Status Of A Criminal Case Affect Investigators' Decisions?
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5 pages in length. Media coverage has historically proven to be both a blessing and a curse where the judicial system is concerned. The extent to which print, radio and television reporting serve to inform the public as the trial progresses is both grand and far-reaching; that a fine line separates the beneficial element of such coverage from the one detrimental to investigators' decisions speaks to the inherent disadvantage to a criminal case having a high profile status. Bibliography lists 6 sources.
Filename: TLCCrimHiProf.rtf

Due Process
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Approximately 5 pages in length. Discusses the background and purpose of due process laws with a focus on trends during the early 1990's. Emphasis is upon the case of Bostick v. Florida. Bibliography lists 5 sources.
Filename: Dueproce.wps

Due Process of Law
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A 10 page paper on due process of law under Miranda and Gideon as they apply to Fifth and Fouteenth Amendment Constitutional rights re equity in right to counsel. The paper argues in defense of these rights by providing opposing arguments and making a strong argument in support of continued protection of equitable rights for individuals. The argument relies on these cases and Constitutional law in relationship to the due process procedures defined by these cases. Bibliography lists 8 sources.
Filename: Dueprlaw.wps

DUKE V. WAL-MART INC: CLASS-ACTION QUESTION
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This 8-page paper discusses the case of Duke v Wal-Mart Inc. and its implication to future class-action suits and business. Bibliography lists 3 sources.
Filename: MTdukevwal.rtf

Dying Declarations and the Hearsay Rule
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A 20 page discussion of the exception to the hearsay rule offered for dying exceptions. Defines hearsay and the conditions under which dying declarations are admittable into a court of law under Federal law. Outlines the Western view that these declarations are inherently truthful due to an underlying fear of divine punishment. Discusses the variables which enter into the validity of these dying declarations including a person physical and mental status at the time they are issued. Questions the validity of dying declarations and the appropriateness of their use. Bibliography lists 8 sources.
Filename: PPhearsa.wps

Eric Schlosser’s “A Grief Like No Other”
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This 5 page report discusses the 1997 article written by Eric Schlosser about murder in America. He wraps his story around the murder of Terri Smith by Gary Rawlings in 1987 and how events unfolded regarding the criminal justice system and the disservice done to families of murder victims. Bibliography lists only the primary source.
Filename: BWschlos.wps


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