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Papers On Litigation, The Courtroom & The Trial System
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Statutory Interpretation
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This 19 page paper considers the role of statutory interpretation and the limits placed on the judiciary. Looking at a quote form Lord Diplock " When Parliament legislates to remedy what the majority of its members at the time perceive to be a defect or lacuna in the existing law (whether it be the written law enacted by existing statutes or the unwritten common law as it has been expounded by the judges in decided cases), the role of the judiciary is confined to ascertaining from the words that Parliament has approved as expressing its intention what that intention was, and to giving effect to it" the view expressed is discussed looking at the different forms of interpretation and the way the judiciary are limited or may be seen as rewriting the law. Numerous cases are cited to support all points raised. The paper is written with reference to English law. The bibliography cites 25 sources.
Filename: TEstatintp.rtf
Stephen J. Adler's "The Jury: Disorder In The Courts"
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7 pages in length. Stephen J. Adler's The Jury: Disorder in the Courts illustrates quite clearly how the American judicial system has ruptured an integral component of its allegedly fair and impartial sequence: the jury. At issue is the means by which Adler contends jurors are selected and dismissed, as well as how uneducated far too many of them are as to a given case's critical factors. In essence, Adler wrote this book in order to draw attention to how the phrase 'jury of one's peers' is often the exact opposite and how the entire process from calling people to jury duty to finding out why jurors voted a particular way at trial's end has trickled down to reflect a substandard representation of society as a whole. Bibliography lists 5 sources.
Filename: TLCadler.rtf
Subtleties of Legal Language
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A 4 page research paper that discusses the implications of a case. According to the majority opinion, the value of the injury suffered due to malpractice is defined as the value that can be associated with the claim as a whole, but the dissenting opinion holds that the plaintiff should be entitled to the loss that was actually sustained due to malpractice. Looking at these two statements from the viewpoint of the average reader, they seem virtually identical, but the subtle difference in wording carry tremendous import from a legal standpoint. This examination of this case demonstrates why this is so. Bibliography lists 6 sources.
Filename: khlelang.rtf
Sylvester Turner Vs. KTRK Television
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5 pages. In this Texas
court case of Sylvester Turner Vs. KTRK Television, Texas libel
laws were in question. This paper presents a detailed history of
the case and the possible effects the case could have on Texas
libel laws. After reviewing the information presented, there is
a logical conclusion presented in the summary, concluding wtih
the facts as they stand based on this case. Bibliography lists 5
sources.
Filename: JGAvktrk.wps
Texas Jury System
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5 pages in length. The writer discusses courts served, selection process and mock trials as they relate to Texas. Bibliography lists 5 sources.
Filename: TLCTexasJury.rtf
The Affect of Technology on the Modern Practice of Law
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A 14 page contention that technology has impacted the manner in which law is practiced in a multitude of ways. From the perspective of the forensics which can be used to prove innocence or guilt, to the way we communicate with other law professionals or even our clients, to the way we conduct our research, to the way we manage our offices, technology has taken more and more importance. The modern attorney has been quick to embrace this technology. Its incorporation cannot safely occur, however, without deliberate attention to a multitude of issues. Bibliography lists 15 sources.
Filename: PPlwTech.rtf
The Basics of Torts and Law
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5 pages. This paper goes into detail on the legalities of torts, which are normally caused through negligence. Torts are considered an unintentional violation of another person's rights. This paper will explain torts fully and consider the implications and recourse citizens have in regard to torts. Bibliography lists 6 sources.
Filename: JGAtorts.rtf
The Case of Campagnola V. Mulholland, Minion & Roe and Its Relevance Within The Legal System
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The 16 page paper looks at the case of Campagnola V. Mulholland, Minion & Roe, its background and outcome and a variety of related subjects. After discussing the case the paper considers why the courts finding was right, discusses the role of public policy, looks at the role of judges how judges decide cases and implement, or even make, the law and finally why the case could have been heard under contract law or tort. The bibliography cites 14 sources.
Filename: TEcamplaw.rtf
The Concept of Fairness in the Law of Natural Justice in Jurisprudence of the Commonwealth Caribbean
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This is a 10 page paper discussing the concept of fairness and natural justice in regards to the jurisprudence of the Commonwealth Caribbean. The concept of fairness adds to the law of natural justice especially in its application of the jurisprudence of the Commonwealth Caribbean. The Commonwealth Caribbean, comprised of over 15 island and mainland nations in the Caribbean, has a system of law based primarily on that of the United Kingdom and on each nations colonial history. Some nations have components of the colonial Dutch and French systems as well because of historical ties. Regardless of the nation however, the Commonwealth Caribbean was considered one of the areas of the world in which basic laws of human rights, natural justice and natural law, were not being followed in regards to fairness, justice and equality within the judicial system. Prisoners unable to afford representation were not always provided with legal aid and were therefore not offered fair trials, decisions or appeals. With an international push for fairness in judicial systems, organizations were formed providing representation for criminals in the Commonwealth Caribbean in the mid-1990s and more recently constitutional amendments have been included providing for legal aid representation in all cases. Several amendments have been enforced within the judicial system as well to follow constitutional law to provide fair and just representation in regards to decisions pertaining to court justices and despite the power of the Chief Justice within the judicial system, he must also follow the concept of fairness in his application of justice within the judicial system itself.
Bibliography lists 12 sources.
Filename: TJJurCC1.rtf
The Concept of Mens Rea / Intent to Commit a Crime
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6 pages in length. A comprehensive discussion of Mens Rea, the legal principle upon which we base our requirement of intent for a finding of guilty. Covered in this report are the meaning, background, and a brief history of Mens Rea in law as well as a more in-depth analysis of Mens Rea as applied to insanity pleas, hate crimes, etc; Bibliography lists 5 sources.
Filename: Mensrea.wps
The Constitutionality Of Punitive Damages
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This 10 page paper considers the issue of punitive damages and the changing perspectives in recent years regarding their increased prevalence and their constitutionality. This paper considers the US Supreme Court's response to cases in which punitive damages were awarded and the evaluation of constitutionality through the process of judicial review. Bibliography lists 8 sources.
Filename: Punidama.wps
The Courts
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A 4 page paper discussing the relevance of philosophy and enlightenment, evident in books VI-VII of Plato's 'Republic,' in regards to the courts in today's government. Plato argues that true leaders must be aware and knowledgeable of many higher, and more spiritual, aspects of existence if they are to do the job well. it does not do to have leaders exist among the darkness with the rest of the people and it does not serve the people well if the leaders are only out for their own gratification. Bibliography lists 2 sources.
Filename: Courts.wps
The Exclusionary Rule Should Not Be Abolished
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This 3 page paper first provides an overview of the exclusionary rule. Then the paper argues that it should never be abolished because it is a rule that protects the people. Bibliography lists 2 sources.
Filename: SA730exc.rtf
The Expert Witness
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A 'fair' trial is said to be guaranteed in the
United States, however, that is the ideal and not the reality. The
judicial system, with all of its problems and flaws, is a combination of
law, applied rules of conduct (judicial procedure) and the personal and
political situations and circumstances of each individual crime. This 5
page paper examines John Grisham's book, A Time To Kill and the
relevance and admissibility of the expert witness for the defense.
Bibliography lists 5 sources.
Filename: KTexpwit.wps
The Federal and State Judiciary
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This 6 page paper answers questions set by the student. The paper starts by describing the federal judiciary in the United States, then looks at when cases may be brought before the state, rather than the federal courts, the third questions explains, with examines, the concept of concurrent jurisdiction, next the role of the appellant courts is considered and finally there is consideration of which court, state pr federal, would be best suited for the trial of a drug dealer. The bibliography cites 3 sources.
Filename: TEfedstate.rtf
The Frye Rule and Battered Women Syndrome
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A paper which considers the Frye Rule, and its application in the modern judicial system, with particular reference to the battered women syndrome formulated by Walker. Bibliography lists 4 sources
Filename: JLfryerule.rtf
The German Court System
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A 5 page paper which provides a basic overview of the
court system in Germany. Bibliography lists 3 sources.
Filename: RAgermn.rtf
The Impact on s138 of the Evidence Act 1995
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This 12 page paper consider s138 of the Evidence Act 1995 (NSW) or (CTH) and critically discusses how this section of legislation and cases such as Bunning v Cross (1978) 141 CLR 54 and Ridgeway v Queen (1995) 129 AR 41 impact on operational investigations and their officers. Numerous cases are cited to illustrate points raised. This paper relates to Australian law. The bibliography cites 10 sources.
Filename: TEevidence.rtf
The Importance of Oral Evidence in the English Law Trial System
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This 9 page paper examines the important role of oral evidence, also known as orality, within English law and the risk system. The paper considers different forms of oral evidence, the benefits and flaws with this type of evidence and the way in which recent cases may be change the emphasis placed on orality. The bibliography cites 10 sources.
Filename: TEoralev.rtf
The Importance of the Investigator as Witness
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This 4 page paper examines how police investigators should be interviewed. The importance of these witnesses is highlighted and techniques are shared. Bibliography lists 1 source.
Filename: SA640inv.rtf
The Importance of the Jury System
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Beginning with an appropriate overview of why the U.S. Founding Fathers saw the need for a jury system, this well-prepared 8 page essay argues that the jury still remains an ultimate symbol of true American Democracy. Recent Supreme Court decisions as well as the linkage between jury service and other rights of political participation are discussed. Bibliography lists 6 sources.
Filename: Jurysyst.rtf
The Insanity Defense
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This 5 page paper explores the merits of this defense. When it is used, whether it is successful, and things of that nature, are discussed. The idea of irresistible impulse is duly noted. Bibliography lists 6 sources.
Filename: SA437id.rtf
The Insanity Defense
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This 6 page paper delves into the history of the insanity defense and also evaluates when it is used. Several well-known cases are referenced. Bibliography lists 10 sources.
Filename: SA114Ins.wps
The Jury System
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This 9 page paper examines the effectiveness of the trial by jury system in England and Wales. The paper considers the diverse options that see it as the embodying or contradicting democracy, looks at the effectiveness of jury trials and considers the views and recommendation of Lord Auld in his report into criminal justice system and compares them to the views of Penny Darbyshire. The bibliography cites 9 sources.
Filename: TEjuryse.rtf
The Lark Lane Hypothetical: Search and Seizure
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A 5 page consideration of several searches and arrests conducted in relation to a residence that is suspected of manufacturing methamphetamines. This paper considers the validity of evidence. Bibliography lists 2 sources.
Filename: PPsearchMeth.rtf
The Murder of Jennifer Levin
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This 6 page paper provides an overview of the famous trial dubbed the Preppie Murder case which was later made into a TV movie. Details of the murder are included in addition to follow up in terms of Robert Chambers current fate. Bibliography lists 13 sources.
Filename: Jlevin.wps
The Necessity for a Federal Shielding Law for Journalists
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This 4 page paper argues that it is necessary to have a shield law at the federal level protecting journalists from having to reveal their confidential sources. Bibliography lists 4 sources.
Filename: HVshldlw.rtf
The O.J. Simpson Case as a Miscarriage of Justice?: Biographical Information on Simpson, The Crime, Controversy and Verdict
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This is a 5 page paper discussing the O.J. Simpson case. Throughout history there have been many judicial cases in which people believed that a miscarriage of justice has taken place. In some cases, it could be that someone was found guilty when in fact it was believed that he or she was innocent. Or, on the other hand, when someone was found not guilty when all the evidence seemed to indicate guilt. Probably one of the best known cases of the latter is considered that of the O.J. Simpson case in which he had been accused of the murder of his ex-wife Nicole Brown Simpson and waiter Ron Goldman. While the majority of the evidence seemed to indicate Simpsons guilt, the jury nevertheless found him not guilty. While this may be considered as a miscarriage of justice by some, in reality it reflects the poor presentation and investigation of those involved who supposedly had good evidence against Simpson but overall had presented a case filled with inconsistencies, problems, police bias, and were heavily influenced by the public and the media.
Bibliography lists 4 sources.
Filename: TJOJSim1.rtf
THE PATH OF A DISCRIMINATION COMPLAINT
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This 5-page paper discusses the path of a work-based discrimination complaint, focusing on a fictitious employee named John. Through this paper, we see John file through the EEOC, then through the court system. Bibliography lists 2 sources.
Filename: MTdiscom.rtf
The Plain View Doctrine
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A 10 page research paper providing an overview of the doctrine's history, purpose, current case law, & modern applicability. The writer also discusses anticipated future uses of the Plain View Doctrine. Bibliography lists 15+ sources.
Filename: Plainv.wps
The Problem of Contractor Delays
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This 8 page paper addresses practical and legal aspects of contractor delays. Suggestions are made and actual cases provided regarding the costs of delays and what to do about them. Bibliography lists 3 sources.
Filename: SA345de.rtf
The Problem of Improperly Obtained Evidence
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This 4 page paper looks at the law in the United Kingdom as it pertains to evidence. What improperly obtained evidence constitutes is outlined. Cases are noted. Bibliography lists 4 sources.
Filename: SA318UK.rtf
The Role of Judges In A Litigious Society & School Prayer
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A 12 page paper that considers the role of judges in the increasingly litigious American society as demonstrated by the issue of school prayer. This paper provides a number of case examples to demonstrate the complex role of judges in designing national morality. Bibliography lists 9 sources.
Filename: Judges.wps
The Trial of Lee Boyd Malvo
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This 16 page paper looks at the trial of the younger of the two Beltway Snipers who terrorized the Washington D.C. area in the Fall of 2002. An investigation of the pair is launched. Information about the trial up until September 25, 2003 is discussed. The paper was written during the Malvo trial and prior to verdict. Details about events and the case are relayed including defense strategy, evidence and Malvo's confession. Bibliography lists 16 sources.
Filename: SA328Mvo.rtf
The Use Of Cameras In UK Courtrooms
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19 pages in length. The arguments on both sides of the courtroom camera issue are compelling representations of how an issue can be so hotly divided. By allowing cameras to record the courtroom proceedings, critics say it is nothing more than voyeuristic television; defenders, however, say it is the right of every UK taxpayer and victim's family to know exactly what goes on within the trial process. With a large number of groups and individuals working hard to close the courtroom off from live television cameras and just as many striving for the opposite objective - it demonstrates the great lengths some people will go to protect personal privacy and public rights at the same time. Bibliography lists 14 sources.
Filename: TLCCrtCamUK.rtf
The Use of Promissory Estoppel as a Shield and not a Sword: Canadian Cases and Arguments
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This is an 8 page paper discussing the concept of promissory estoppel as a shield and not a sword in consideration of Canadian legal cases. Promissory estoppel is a legal term based upon a principle where someone who has relied upon a gratuitous promise may be able to enforce it and based on one definition by the Legal Information Institute is stated as the doctrine allowing recovery on a promise made without consideration when the reliance on the promise was reasonable, and the promise relied to his or her detriment. Promissory estoppel is used as a defensive action and because of this is considered best used as a shield and not as a sword from a legal standpoint. Using Canadian cases which have utilized the promissory estoppel tool, defensively it is much easier implemented and easier to realize when a case fulfills the requirements for promissory estoppel. Cases which have attempted to use promissory estoppel as a sword have been less successful because often vital elements necessary for the fulfillment of promissory estoppel are not met such as agreement of action, equity, unambiguous consensus and consideration.
Bibliography lists 8 sources.
Filename: TJPrest1.rtf
The Vioxx Story
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This 9 page package includes a 4 page paper and 12 slide PowerPoint presentation on the Vioxx controversy. Information about the trials is included. Bibliography lists 5 sources.
Filename: SA746Vi.rtf
Theories of the function of the judiciary
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A 17 page paper which considers the different interpretations of the structure and functions of the judiciary which have been developed over the years in Western culture, including the doctrine of natural law, legal positivism and the relationship between legislation and moral values. Bibliography lists 11 sources
Filename: JLjudges.rtf
Three Legal Questions
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3 pages in length. The writer briefly discusses detaining versus arresting; plea bargaining and voluntary manslaughter. Bibliography lists 5 sources.
Filename: TLC3LegalQs.rtf
Tort Case
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A 5 page example of defense strategies for a Tort Case involving two business establishments and an automobile accident. Bibliography lists 3 sources.
Filename: Tortcase.wps
Tort Law & Product Liability
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This 8 page paper looks at the specific components of tort law and product liability as they pertain to the case of a man injured by home sauna. This paper considers whether the injury fits into the criteria of injuries that warrant the pursuit of product liability litigation and also evaluates the responsibilities of companies providing products and the criteria for determining faulty design.
Filename: Tortprod.wps
Tort Law / Risk Management As applied To Public Recreation
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A 10 page research paper which details tort law as it applies toward risk management in parks and other public recreation. The writer demonstrates how the litigious nature of current American society makes knowledge of this area a necessity for successful management of any public recreational facility. A particular emphasis is placed on risk management as it applies to supervision issues in tort law. Bibliography lists 10 sources.
Filename: Riskrec.wps
Tort Law and the Complexities of Life
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A 9 page paper defining tort law as a civil wrong resulting from an act or omission which has caused damage to other persons or property. The author contends that the law has to accommodate all the untidy complexities of life, and there are circumstances where considerations of practical justice impel us to reject a general imposition of liability for foreseeable damage. Numerous examples are provided which clarify tort liability. Bibliography lists 3 sources.
Filename: PPtort2.rtf
Tort Reform
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A 3 page research paper that argues that proposed tort reform, which would place a cap on medical malpractice awards, would not significantly reduce physicians' insurance payments, aid the public, or reduce health costs. It would, however, greatly benefit the insurance industry. Bibliography lists 3 sources.
Filename: khtortr.rtf
TYCO, BUSINESS LAW AND CIVIL LITIGATION
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This 3-page paper is a review of an article dealing with the aquittal of Mark Belnick of Tyco, of charges he was improperly reimbursed for legal mismanagement for the firm. Bibliography lists 1 source.
Filename: MTtycola.rtf