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Papers On Litigation, The Courtroom & The Trial System
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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 landowners 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
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 Schlossers 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
Essential Elements Of Contracts
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A 5 page paper that highlights the categories of contracts and discusses terms and references applicable laws in regards to those categories. Categories/clauses include: offer/acceptance and problem areas, special considerations, termination statements and problem areas, and signatures. Bibliography lists 3 sources.
Filename: Contrac2.wps
Eviction Proceedings in Tennessee
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An 8 page paper presenting a hypothetical court case, description of court room proceedings and an analysis of why the court proceedings progressed in the manner they did. The case is one of eviction, conducted under the laws of Tennessee. Tennessee is a subscriber to the Uniform Residential Landlord and Tenant Act (ULTRA), and further specifies in specific state law the rights and responsibilities of both landlords and tenants. Bibliography lists 5 sources.
Filename: KSlawEvictTN.rtf
Executive Privilege
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A 17 page paper discussing the subject of executive privilege. This presidential issue has been involved in much controversy as of late, in relationship to President Clinton, which is addressed further on in the paper. The first section illustrates some of the specifics regarding executive privilege, including the history and constitutionality of the issue. This section is followed by a section discussing executive privilege and President Nixon. A brief discussion of the Reagan administration is also included which illustrates how some presidents actively refuse the privileges granted them. This is followed by the section discussing Clinton and present day proceedings and attitudes. Bibliography lists 9 sources.
Filename: Execpriv.wps
Eye Witness Testimony and In-Court Identification
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A 5 page argument as to the admissibility of various forms in-court identification. The author presents a fictional scenario in which this admissibility is questioned. Actual cases are used to illustrate why in-court identification in this case is warranted. Bibliography lists 5 sources.
Filename: PPlwWitn.rtf
Eyewitness Testimony And Recovered Memories: Can We Trust Them?
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3 pages in length. Children play an entertaining game of telephone operator, where one child whispers a short story to the next child in line, who then whispers the story to the best of his or her recollection to the third child in line. When the last child finally receives the story, it has typically been modified so drastically from the original version that it is wholly unrecognizable, a phenomenon of human nature that speaks to the differing perspectives any two people might have of a single situation. The same holds true with relying upon eyewitness testimony and recovered memories as being concrete evidence in legal proceedings. Bibliography lists 2 sources.
Filename: TLCEyeWt.rtf
F. Lee Bailey's "The Defense Never Rests'
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In 6 pages the author discusses the book "The Defense Never Rests" by F. Lee Bailey. Some specific cases are discussed and the author attempts to pronounce what Bailey was trying say in his writing of this book. The questions of whether the author accomplished what he set out to do and whether his plan of action is agreed with are answered.
Filename: Flbailey.wps
Fault & No-Fault Divorce / Family Law In The 90s
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A 10 page paper that provides an overview of the legal issues related to no-fault divorce, and considers the existing elements of debate that have resulted from a renewed focus on fault-only divorce laws. Bibliography lists 8 sources.
Filename: Divorce.wps
Gilmer v. Interstate/Johnson Lane Corporation
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The Federal Arbitration Act is discussed in this 3 page paper. Gilmer v. Interstate/Johnson Lane Corp is the focus of this paper. How the case changed the meaning of the act is addressed. Bibliography lists 5 sources.
Filename: SA724Gil.rtf