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Papers On Litigation, The Courtroom & The Trial System
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Lessons Learned from "A Civil Action"
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This 4 page paper uses Jonathan Herr's book "A Civil Action" to answer questions about the American legal system and whether or not justice can be found within it. Bibliography lists 2 sources.
Filename: HVCivAct.rtf
LIBYAN FOREIGN BANK VERSUS BANKERS TRUST COMPANY/ A CASE BRIEF
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This 3 page paper is a case brief on the 1987 case between the Libyan Arab Bank versus the Bankers Trust company of New York and London. Overview and conclusions discussed. Bibliography lists 2 sources.
Filename: MBliblaw.rtf
LITIGATION AND THE STATE COURTS -- CALIFORNIA
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This 3-page paper provides an overview of California's state courts and discusses how the judges get the positions. Bibliography lists 1 source.
Filename: MTstatecou.rtf
Litigation Versus Arbitration
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4 Case Studies : 7 pages in length. The writer briefly discusses four cases studies that pertain to litigation and/or arbitration. Bibliography lists 2 sources.
Filename: TLCArbLitig.rtf
Litigation: When ADR Does Not Resolve The Situation
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4 pages in length. For eighty percent of the cases brought before mediators under the auspices of Alternative Dispute Resolution (ADR), the ability for a positive, mutually workable outcome for all parties involved precludes the need for the more time consuming and costly aspects of litigation; for the other twenty percent, formal litigation is typically the next step for resolution. Bibliography lists 2 sources.
Filename: TLCLitigADR.rtf
Lochner v. New York
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A 5 page paper which discusses the values and principles of Lochner v. New York and also examines how this case relates to a few other law cases since. This was a case which dealt with issues involving worker's rights in relationship to the amount of hours that an employee could work when concerning an agreement between an employer and employee. It addressed how much input or influence the government or the state had in relationship to such arrangements. Bibliography lists 3 sources.
Filename: Ralochn.wps
MALPRACTICE AND CONNECTICUT
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This 5-page paper, using Werth's "Damages" book as a jumping-off point, studies the tort system as it pertains to medical malpractice and other litigation. The questions answered include what it would take to try to reduce the liability of the system. Bibliography lists 3 sources.
Filename: MTmalcon.rtf
MALPRACTICE AND IMPACT ON MEDICAL PRACTICE
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This 14-page paper focuses on the topic of malpractice costs, insurance, and its impact on physicians and patients. The paper discusses two issues: first, if there is a malpractice crisis and second, if tort reform will fix it. Bibliography lists 7 sources.
Filename: MTmalpra.rtf
Massachusetts 209A and the Case of Anna Fogerty
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Legal analysis covering the Massachusetts 209A protective order in regard to a fictitious client (Fogerty), exploring the ideas and concepts of Marx, Weber, Durkheim, Giddens, Sutton, Robert M. Emerson, Brantlinger, and others exploring the issue of domestic violence. This is an argumentative paper positing that Fogerty is discriminiated against by the Mass. law because she is upper middle class white. 12 references. jvWWomnL.rtf
Filename: jvWWomnL.rtf
Mediation in family law cases
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A paper which considers the ways in which mediation and other forms of alternative dispute resolution might be more appropriate in family law cases than litigation, and looks at the relative advantages and disadvantages of both processes. Bibliography lists 4 sources
Filename: JLfamlaw.rtf
Medical Law/5 Questions
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A 20 page research paper that answers 5 questions pertaining to medical ethics and medical law. Topics covered include ERISA tort cases; handling of ethical situations, such as a patient choosing to forego life-saving procedures; and malpractice cases. Bibliography lists 11 sources.
Filename: khmedlaw.rtf
Mentally Ill & Punishment
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A 3 page research paper/essay that examines the rationale behind punishment within the legal system and how this rationale applies to the mentally ill. In the United States system of jurisprudence, a person may not be held accountable for illegal actions that the individual commits if it can be determined that this person is mentally ill to the point that he or she can be determined to be legally incompetent of standing trial. Bibliography lists 2 sources.
Filename: khpunill.rtf
Microsoft Antitrust Case - Issues, Laws And Outcome
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This 8 page paper provides an overview of the Microsoft antitrust case. A timeline outlines the most important parts of the case. The issues are explained. The pertinent sections of the Sherman Antitrust Act that applied to the case are reported. The writer also comments on the ethical issues involved. Bibliography lists 6 sources.
Filename: PGmsant3.rtf
Minorities in the Legal Profession
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This 4 page paper evaluates why there are few minorities represented in the legal profession. Some statistics are provided. The peremptory challenge as a way to promote white juries is also discussed. Bibliography lists 2 sources.
Filename: SA503law.rtf
Miranda v. Arizona (1966): Just in all Cases?
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A 4 page exploration of this critical case. The author contends that the overall good that is accomplished by the Miranda requirement outweighs the fact that occasionally criminals escape prosecution because they were not read their rights at the time of apprehension and arrest. Bibliography lists 3 sources.
Filename: PPlwMir2.rtf
Mock Juries / Pros and Cons
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12 pages in length. A jury's verdict can be the difference between life and death for the person on trial. Filling the jury box is no guessing game, especially with the advent of mock -- or shadow -- juries, a group of people who play out the trial before it actually begins. The writer gives an overview of the duties of a juror, as well as addresses both the pros and cons of employing the mock jury system.
Filename: Mockjury.wps
Modern Law and the Case of Ruxley Electronics;
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This 6 page paper considers the case of Ruxley Electronics and Construction Ltd v Forsyth in the context of its' precedent being representative of modern law. The case is examined in the context its' interpretation of the award of damages being granted in line with a pleasurable contract and limited in terms of the damages awarded despite the breach of express condition. The paper cites many cases to illustrate the points raised. The bibliography cites 10 sources.
Filename: TEruxley.wps
New Jersey State Law: A Case Study
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9 pages in length. In this
interesting case study about Barkin's Beef and Brew, questions
are raised as to who is responsible when a patron consumes too
much alcohol and then leaves the premises and is charged with
fighting and cutting a man with a knife. This is intended as a
legal brief being presented to the student's legal firm in which
the firm is presenting the client who was attacked at knifepoint
by the drunken man. By raising the appropriate legal questions
and comparing them to New Jersey State Statutes, it is intended
to arrive at a satisfactory answer within the confines of
legality in the New Jersey legal system. Bibliography lists 8
sources.
Filename: JGAnjstl.wps
Nonverbal Communication and Graphics in the Courtroom
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This 7 page paper looks at both techniques and suggests that each should be used dependent on the type of case. A testable hypothesis is discussed. Bibliography lists 5 sources.
Filename: SA128law.rtf
Our Right To An Attorney / Gideon v. Wainwright
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A 5 page paper on the original "right to an attorney" case, which brought up the issues for application to Miranda, ethnicity fairness issues, and prisoner litigation issues in the criminal justice system today. The paper posits that the success of Clarence Gideon must be defended as a means of protection for all U.S. citizens. Bibliography lists 8 sources.
Filename: Gidewain.wps
Outline for the Effect of Jury Selection and Trial Outcome
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A 4 page outline for a larger paper addressing the psychological aspects of scientific jury selection, in which attorneys seek to seat jurors likely to be sympathetic to their cause, either overtly or subconsciously. Bibliography lists 7 sources.
Filename: KSlawJurySel.rtf
Paralegals: Significant Contributions To Affordability And Accessibility Of The Legal System
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6 pages in length. In an industry famous for intimidation, paralegals represent the conduit between a wary and often legally unacquainted clientele base and the legal representatives who serve them. The extent to which paralegals have transformed an otherwise nerve-racking experience into one where clients are much more informed and at ease is both grand and far-reaching; that they comprise much more valuable abilities than mere secretarial tasks speaks to the manner by which they are the missing link in the legal system. Bibliography lists 5 sources.
Filename: TLCParalgl.rtf
Parish v Smyrnos (Analysis)
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This 7 page paper evaluates this case that took place in the Supreme Court of Victoria. The facts of the case, that involves a stalking charge where a young man paraded naked in front of a woman's window after giving her a suggestive letter, are provided. The appeal is discussed in depth. The definition of stalking is discussed as well.
No additional sources cited.
Filename: SA330PvS.rtf
Percy Wants Darby's Gazebo
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A 3 page paper 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: KSlawDarbGaz.rtf
Percy Wants 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: KSlawDarbGaz3.rtf
Phil Spector's Murder Trial: Evidence
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3 pages in length. Fame and fortune do not preclude the potential for criminal activity, even a crime as heinous as murder. Phil Spector - a celebrated music producer from the 1960s whose claim to fame includes Cher and the Ramones - has been charged with the February 3rd murder of Lana Clarkson, a struggling actress who had taken a hostess job at the House of Blues. The famous music club located on Los Angeles's Sunset Strip was where Clarkson was last seen alive after leaving with Spector in his private vehicle; they later arrived at his mansion where she was found two hours hence with a single shot to the head. Six months and myriad forms of evidence later, Spector was charged in the case; he bailed out on one million dollars bond and is scheduled for trial in September 2007. Bibliography lists 4 sources.
Filename: TLCSpector.rtf
Plea Bargaining
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This 3 page paper examines the way plea bargains are conducted, and argues that they are actually more beneficial to the plaintiff than the defendant. Bibliography lists 1 source.
Filename: HVPleBar.rtf
Plea Bargaining: Unfair Advantage For Criminals
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5 pages in length. The scenario is all too familiar: The prosecuting attorney knows he has a viable case to take to trial whereby a strong sentence will be imposed, yet he is conflicted with the peripheral - and highly influential - aspects of taxpayer costs and prison overcrowding if he take this case all the way through the system. Instead, he cuts a deal with the defense attorney's client to serve a reduced sentence in exchange for the alleged perpetrator's guilty plea. The inevitable outcome is such that the offender - who has now admitted to his crime - serves a fraction of the sentence he should have received - and even sometimes does alternative punishment outside of prison - allowing for the system to be relieved of one more inmate and the taxpayers to avoid footing the bill of a lengthy and expensive trial. But the question remains: Has justice truly been served when the criminal does not receive the appropriate sentence through the option of plea bargaining? Bibliography lists 7 sources.
Filename: TLCPleaBarg.rtf
Positive and Negative Aspects of Arbitration
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This 3 page paper looks at the concept of arbitration. The concept is defined and explored and both positive and negative aspects are discussed. Bibliography lists 3 sources.
Filename: SA345arb.rtf
Pre-Trial Identification
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(5 pp). Pre-trial identification involves both the
person and the action or supposed crime in a
criminal or civil case of law. Before any
proceedings can be done the person's true and
natural identity must be verified, and supporting
information for the proposed court solution to the
alleged crime must be in place. These factors have
been thought through to determine that fairness
occurs in the court
Bibliography lists 4 sources.
Filename: BBpretri.doc
Preliminary Rulings of the European Courts of Justice; Article 234 EC
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This 5 page paper explains Article 234 EC the tool by which the EU seek to ensure uniformity of the interpretation of EU laws. The writer explains what this article is, how it works and the impact that it has had on legal decision made within the European Union. The paper fully cites many European cases in order to emphasis the points made.
Filename: TEart234.wps
Problems in Case Management and Scheduling
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A 3 page paper discussing the advantages and disadvantages of individual and master calendar case scheduling in the court system. The case states that the scheduling system is a hybrid that has evolved over time. Though technically it may be regarded as an individual calendar system, the effect is that cases are assigned to specific courtrooms rather than to specific judges. The judges themselves rotate throughout the system and into defined categories and functions. Bibliography lists 2 sources.
Filename: KSlawCaseSch.rtf
Problems in Contract Law: Cases and Materials
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A 40 page paper which summarizes
chapters 5-13 of the textbook, "Problems in Contract Law: Cases and Materials" (Fourth
Edition) by Charles L. Knapp, Nathan M. Crystal, and Harry G. Prince. No additional
sources cited.
Filename: RAfedbook.wps
Problems in Contract Law: Chapters 2-4
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A 7 page paper which discusses various
aspects of the textbook "Problems in Contract Law: Cases and Materials," fourth edition,
by Charles L. Knapp, Nathan M. Crystal, and Harry G. Prince. The chapters discussed are
chapters 2-4. No additional sources cited.
Filename: RAfedlaws.wps
PROCESSING A CRIMINAL CASE
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This 3-page paper goes through the steps of processing a criminal case through the justice system. Bibliography lists 4 sources.
Filename: MTcrimproc.rtf
Product Liability Development
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This 3 page paper considers a case supplied by the student, where sunglasses break and a shard of glass blinds the wearer. The position of action taken under product liability laws is examined with the position in 2003 compared to that of the 1950’s and the 1970’s. The bibliography cites 1 source.
Filename: TEprolib.rtf
Promissory Estoppel
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8 pages in length. "Promissory estoppel has a dubious pedigree, moreover it is in practice almost unnecessarily." The truth of this statement speaks to an undefined area of contract law where people sue when an unenforceable contract has been breached. By showing that an individual detrimentally relied on a promise made by defendant, the plaintiff can, in theory, rely upon promissory estoppel. This approach to reclaiming unenforced contractual losses, however, is looked upon by many as a waste of time, money and effort, inasmuch as without the ability to enforce a contract, the chances of retrieving damages are quite slim depending upon one's global location. Bibliography lists 10 sources.
Filename: TLCPromE.rtf
Property Trespass in eBay, Inc. v. Bidder’s Edge, Inc.
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A 3 page paper discussing the issue of trespass to personal property. The court found that Bidder’s Edge had interfered with and “damaged” eBay’s site - and therefore its place of business. Bidder’s Edge was forced to cease gaining information about eBay’s site in that manner, but it was free to pursue another other approaches not directly prohibited in the trial. Bibliography lists 2 sources.
Filename: KSlawTrespass.rtf
Prosecution in Louisiana;
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This 5 page paper considers the system of prosecution that is found in the US state of Louisiana. The writer compares and contrasts the system with the United States as a whole. The bibliography cites 10 sources.
Filename: TEloupro.wps
Prosecutorial Misconduct?
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A 3 page consideration of certain cases involving ethical breaches and misconduct on the part of the prosecuting attorney. This paper specifically considers the Duke sexual assault case and two cases where the Patriot Act was used to prosecute individuals for much more serious offenses than what they actually committed. Bibliography lists 4 sources.
Filename: PPlwProsecutionEth.rtf
Punitive Damages in Product Liability Cases
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A 10 page paper focusing on tort law, specifically the punitive damages in product liability cases. Information is presented to show that there is a perceived need for limits to be placed on punitive damages. State-to-State case examples are given. Bibliography lists 8 sources.
Filename: Producli.wps
Racial Minorities and the Judicial Practice of Peremptory Challenge
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A 4 page paper which examines the small proportions of racial minorities in the U.S. legal and judicial profession, and considers whether or not eliminating the practice would equalize the scales of justice. Bibliography lists 4 sources.
Filename: TGperrace.rtf
Radon Gas as it affects real estate transactions in Pennsylvania
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This 4 page paper provides a fictitious memorandum regarding a case that took place in Pennsylvania. Agents lost a case where they withheld information about a property that was contaminated with radon gas. The issue is addressed in general and potential cases are discussed as it respects a particular firm. The paper is written as a Memorandum from one partner to another. Bibliography lists 3 sources.
Filename: SA441Pa.rtf
Reducing Overtime For Officers Appearing In Court
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3 pages in length. With court-related overtime typically represented as the second or third most costly component of most police department's payroll, it stands to reason why the chief of police is eager to implement a new system to address the problem. The inability to modify existing law notwithstanding, there are a number of alternative approaches that when simultaneously put into operation can bring a significant decrease to the hefty overtime hours. No bibliography.
Filename: TLCovertime.rtf
Remedies for Breach of Contract
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A 3 page paper identifying and defining remedies for breach of contract. There are several means of gaining remedy in the case of breach of contract. Most are legal means gained through the courts, but mediation and arbitration also are appropriate alternatives. Among the court-based approaches, the wronged party may be awarded damages in the form of expectation, reliance or restitution damages. Bibliography lists 2 sources.
Filename: KSlawContBrch.rtf