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Papers On Litigation, The Courtroom & The Trial System
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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.doc

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

Grand Juries
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An 8 page research paper which examines the early history of the grand jury system, specifically how it evolved in England; and then looks at how the grand jury is perceived today in our modern system. The writer gives an overview of grand jury procedures and then discusses the controversy which has raged for years as to whether or not it should be continued. Bibliography lists 10 sources.
Filename: Granjury.wps

Hate Crimes and the Phoenix District Attorney's Office
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A 4 page discussion of the role the Phoenix DA's office plays in combating hate crimes. The author notes the provision of special prosecutorial teams which Phoenix has created to more effectively deal with these crimes. Community outreach is an important component of this address as well. Bibliography lists 4 sources.
Filename: PPhateAz.rtf

Health Care in California Prisons
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This 8 page paper discusses the poor state of health care in California prisons including the management of acute and chronic conditions. Bibliography lists 5 sources.
Filename: HVcapriz.rtf

How Will the Supreme Court Rule on the Allen Snyder Case?
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This 3 page paper looks at the Allen Snyder case, a capital case that the U.S. Supreme Court will hear soon. The problem is that an all white jury convicted a black man of murder. Bibliography lists 6 sources.
Filename: SA730AS.rtf

HYPOTHETICAL QUESTIONS ABOUT AUSTRALIA’S SECTION 13 OF THE MOTOR TRAFFIC ACT
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This 5 page paper discusses Section 13 of Australia's Motor Traffic law. A ficticious case is discussed and argued. Bibliography lists 5 sources.
Filename: MBozlaw.rtf

Immunity in an Arbitration Case
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This 5 page paper considers a legal case given by the student regarding an international arbitration where one party feels they should be immune. The bibliography cites 2 sources.
Filename: TEintlaw.wps

Imposing Sentence in an Identity Theft Crime for Monetary Gain Case
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In three pages this paper images how a judge would impose sentence for such a crime in terms of necessary information and the incorporation of sentencing goals. Three sources are cited in the bibliography.
Filename: TGidtheft.rtf

Insurable Interest
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This 11 page paper provides an overview on this insurance topic, particularly as it pertains to English law. Case studies are provided including the famous Macaura v. Northern Assurance Company. Bibliography lists 9 sources.
Filename: SA19Ins.wps

Insurable Interest
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This 14 page paper looks at the concept of insurable interest and how it has been interpreted in a restrictive manner in England. The paper discusses the way that this has been interpreted and the way it appears to be evolving to suit the new modern world where international trade is increasing common. The bibliography cites 5 sources.
Filename: TEinsint.wps

Issues in Criminal Justice Administration
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A 5 page research paper that address three issues in criminal justice administration in the US. These issues address the realities of an increasingly large prison population, the corresponding overcrowding in prisons and the decline in rehabilitation programs, which may be a trend that is beginning to reverse. If these current trends in criminal justice administration continue, it paints a dark picture for the future, as the demands of maintaining the criminal justice system will continue to be increasingly exorbitant and the socioeconomic repercussions of long-term incarceration will continue to plague certain demographic groups, particularly lower-income black neighborhoods. Bibliography lists 4 sources.
Filename: khicja.rtf

Jeffrey Reiman/Rich get richer, Poor get Prison
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A 6 page book review that profiles Reiman's text The Rich Get Richer and the Poor Get Prison. The writer argues that the 2004 edition of Jeffrey Reiman's classic text shows that time has only validated the accusations that Reiman formulated against US jurisprudence in the original edition of his book in 1979. As Reiman points out in his preface to the seventh edition, "recent events continue to bear out the main thesis of the original edition of this book" (xiii). That thesis is that the criminal acts committed by the poor are treated a crimes while the acts of well-off people, which result in occupational death and disease, are not treated by crimes--"or if treated as crimes, not treated as serious crimes" (xiv). With the news filled with stories of white collar crime that robs millions of Americans of their retirement funds and financial security, this book is extremely relevant and should be required reading for all Americans--particularly in an election year. No additional sources cited.
Filename: khreiman.rtf

Jeffrey Reiman: "The Rich Get Richer and the Poor Get Prison"
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This 6 page paper examines Jeffrey Reiman's book, "The Rich Get Richer and the Poor Get Prison." Bibliography lists 2 sources.
Filename: HVReimRv.rtf

Judging Judicial Misconduct
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A 10 page paper which examines the alarming precedent of cases involving judges and judicial misconduct, considering two recent cases involving such state judges as Maria I. Lopez in Massachusetts and D. Ronald Hyde of California. Bibliography lists 5 sources.
Filename: TGjudgmis.rtf

Judicial Branch
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A 6 page paper which discusses the judicial branch of the government, presenting how different courts function. Some basic information is provided in relationship to legal terms, and the power maintained by judges, which further illustrates the conditions and realities directly linked with the judicial system we know today. Bibliography lists 3 sources.
Filename: RAjudbrnc.wps

Jury Awards are Out of Control
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This 3 page paper focuses on tort reform, the power of the judge to overturn awards and the role of the jury. Examples are provided as a look is taken at excessive jury awards. Bibliography lists 2 sources.
Filename: SA541trt.rtf

Jury by Trial Under Threat
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A 5 page paper which discusses jury by trial and the fact that the current government is threatening this fundamental process. The paper argues that the country should not embrace the government's proposals and that the legal system is more effective with the jury system than without it. Bibliography lists 3 sources.
Filename: RAjury.wps

Jury Deliberation and Factors Affecting the Deliberation Process
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A 15 page overview of the many factors that can affect the deliberative process and the consequent verdict. A particular emphasis is placed on the importance of "decision rules" that determine whether a unanimous decision is necessary and on the personality of particular jurors and other trial players. Bibliography lists 5 sources.
Filename: PPjury.rtf

Jury Duty Aversion
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A 12 page research paper that examines and discusses various aspects of a hypothetical research study proposal to investigate why people wish to avoid jury duty. Bibliography lists 10 sources.
Filename: khjurydt.rtf

Jury Incompetence and Misconduct
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This 5 page paper examines four cases where jury decisions were overturned by the court. The reasons are numerous but involve either misconduct or the incompetence of the jury. Bibliography lists 5 sources.
Filename: SA516jrr.rtf

Jury Nullification
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This 10 page paper addresses the problem of jury nullification and focuses on a 1998 article which appeared in the Spectator. The premise that nullification is acceptable is argued with the support of other articles. Examples are provided and the O.J. Simpson case is referenced several times. Bibliography lists 4 sources.
Filename: Sa278crm.doc

Justice in the Military Courtroom
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This 8 page paper delves into cases involving minorities in military courts. The idea that racism is prevalent in both military and civilian courts is established. Specific cases are discussed. Bibliography lists 6 sources.
Filename: SA347mj.rtf

Justice William Brennan, Edwin Meese, and the Constitution in the Case of Nancy Cruzan
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This 5 page report discusses the attitudes and opinions of the late Supreme Court Justice William Brennan and the former U.S. Attorney General Edwin Meese in regard to the right-to-die question involving Nancy Beth Cruzan in 1990. The Supreme Court affirmed the Missouri Supreme Court's decision that there was no clear and convincing evidence of Nancy Cruzan's desire to have life-sustaining treatment withdrawn under such circumstances, and that her parents lacked the authority to actualize such a request. Bibliography lists 7 sources.
Filename: BWbrenn.wps

Juvenile And Adult Court: Comparison
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8 pages in length. Juveniles have historically found protection under the law with regard to being tried as adults when they have committed adult crimes. Contemporary society, however, witnessed a significant change in attitude toward some offenses whereby juveniles now can be tried - and convicted - as an adult. The extent to which the justice system has historically provided juveniles with a much lighter punishment for an offense that would otherwise earn an adult a severe sentence is both grand and far-reaching; that such variables as age and offense determine how and where a juvenile is tried speaks to what many believe to be a miscarriage of justice when youthful offenders know the difference between right and wrong even if they are minors. Bibliography lists 7 sources.
Filename: TLCJuvAdltCrt.rtf

Juveniles & Trial by Jury
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A 4 page research paper that discusses whether or not juvenile defendants should have the right to trial by jury. Bibliography lists 3 sources.
Filename: khjjury.rtf

Juveniles, Transfer Laws And Adult Court
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3 pages in length. The writer briefly discusses transfer laws and adult court as they related to juvenile offenders. Bibliography lists 4 sources.
Filename: TLCjuvlaw.rtf

Knowledge and its relation to Tort Liability, Risks of Injury, and the Legal Obligation and the Defenses to Negligence
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It is often contended that tort liability, risks of injury and the legal obligations and the defenses to negligence in sports are predicated on "knowledge". This paper provides a 10 page overview of tort law. The author defines tort law and provides numerous hypothetical examples designed to illustrate the points of negligence, intent, consent, and knowledge. Bibliography lists 3 sources.
Filename: PPtortLi.wps

Ladies & Gentlemen of the Jury, I Present…the Nursing Documentation
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A 3 page summary of the article Ladies & Gentlemen of the Jury, I Present….the Nursing Documentation by Sally Austin. No additional sources cited.
Filename: RAnr.rtf

Lawyer Malpractice And Lawyer Malpractice Insurance
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20 pages in length. Although one might duly expect one's lawyer to be forthright and principled in his/her approach to law, this is unfortunately not always the case. Sometimes unintentionally negligent while other times malicious in intent, attorneys are fallible human beings like everyone else in all other sectors of commerce; just because they get paid to uphold the law does not mean they always do. The extent to which lawyers breach their ethical and/or legal oath is wholly dependent upon the state and circumstances; with America's recognized disdain for law professionals, it is no wonder why there is such a need for attorneys to carry malpractice insurance. Bibliography lists 12 sources.
Filename: TLCLawMalp.rtf

Lawyer's Workday
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4 pages in length. This lawyer's area of law defending the homeless, a population of people who are often denied their inherent rights because of their economic and residential situation. Also known as a street lawyer to industry insiders, this type of lawyer spends most of his time sifting through mounds of paperwork in order to process claims for his clients for any number of reasons: divorce, alimony, unlawful eviction, denied insurance claims and just about any other situation where they were either taken advantage of or unable to achieve without legal assistance. Indeed, this is not a sector of law that pays anything close to the worth of its merit; rather, it is more of a labor of love that this lawyer takes on such cases for no money upfront and eight percent less of a fee (25% versus the standard 33%) only after funds have been recovered. No bibliography.
Filename: TLCLawyerWD.rtf

Legal Brief / U.S. Supreme Court Decision # 6
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Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889, Argued in 1968. Primary arugemnt in this case concerns probable cause and search/seziure, 4th amendement issues, etc;
Filename: Sct2.wps

Legal Decision-Making Styles
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A 3 page paper discussing the adversarial style of the American justice system and musing under which judicial decision-making system the writer would prefer to be judged if charged – but innocent of – a serious felony crime. The accused should prefer rule utilitarianism if innocent, probably a teleological or deontological perspective if guilty. Bibliography lists 3 sources.
Filename: KSlawDecStyl.rtf

Legal Disclosure and the Exclusionary Rule
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This 5 page paper explains the rules of disclosure and discusses the exclusionary rule. Bibliography lists 4 sources.
Filename: HVdiscls.rtf

Legal Issues for Riordan and Kudler
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A 4 page paper assessing the approach of two virtual companies to the legal matters that arise as a course of business. Riordan Manufacturing's approach is efficient and effective; Kudler's is not. Bibliography lists 2 sources.
Filename: KSlawRioKud.rtf

Legal Malpractice Case
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This seven page paper is based on a fictitious case study provided by the student. An employee is injured while working for employer and hires a lawyer to sue the employer. The employer makes a settlement offer, which the lawyer does not communicate to the employee. Subsequently the employee loses the court case and gains no compensation. This paper considers the situation where the employee is taking action against the lawyer for negligence in failing to communicate the settlement offer. The paper presents advice for the lawyer and for the employee as well as considering the fiduciary relationship. The paper is written with reference to US law. The bibliography cites 7 sources.
Filename: TEmalpract.rtf

Legal Precedents and Illegal Proceedings
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This 5 page paper gives four examples where improper procedures, not lack of evidence, ruined a case, and whether the arguments used were correct. Bibliography lists 3 sources.
Filename: HVLegPrc.rtf

Legal Reasoning and Interpretation
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This 4 page paper examines what is meant by legal reasoning and legal interpretation. The paper begins by looking at how legal reasoning takes place and the different with the different perspectives on the role of reasoning. The paper then looks at how interpretation takes place and the three rules of literal interpretation, the golden rule and looking at the entire act. The paper is written according to Australian and English law. The bibliography cites 6 sources.
Filename: TEreasoning.rtf

Legal Services Assistance For the Poor
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This 10 page research paper examines legal service assistance available to the poor in civil cases. Specifically explored are the history of such legal services, what services are provided, who qualifies for services, pro bono lawyers offering such services, and agencies which handle legal services, with particular emphasis upon Pennsylvania. Bibliography lists 7 sources.
Filename: Lawpoor.wps


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