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Papers On Litigation, The Courtroom & The Trial System
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Res Judicata
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5 pages in length. The writer defines and discusses the legal components of res judicata. Bibliography lists 4 sources.
Filename: TLCjudic.wps

Review of 2 Alaska Employment Law Cases
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This 5 page paper reviews 2 cases; Estate of Milos v. Quality Asphalt Paving, Inc. and Reust v. Alaska Petroleum Contractors, Inc. The paper reviews each case and considers why they are of interest to a company HRM department. The bibliography cites 4 sources.
Filename: TEalaskee.rtf

Revocability of an Offer: Italian Contract Law
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This 20 page paper provides an overview of the concept of the revocability offer through a view of Italian contract law. This paper considers factors like when revocation becomes effective and the elements determining the direction of this law. Bibliography lists 10 sources.
Filename: MHItalLa.rtf

Rules of Evidence
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This 4 page paper examines rules of evidence, inclusive of the exclusionary rule. Other rules are discussed. Examples are provided. Bibliography lists 4 sources.
Filename: SA529evi.rtf

Rules of Evidence: Questions and Answers
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This 9 page paper examines several scenarios submitted by a student regarding rules of evidence. Various concepts are explored such as the poisonous tree idea. A short summary of rules of evidence is included. Bibliography lists 7 sources.
Filename: SA637evi.rtf

Scottish Law of Evidence; A Case Study
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This 11 page paper considers a case provided by the student. Looking at the evidence surrounding a case by way of witness statements each statement is assessed for admissibility in order to advise the client whether or not to go o trial. The bibliography cites 5 sources.
Filename: TEscoevi.rtf

Search and Seizure: In Custody Searches
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A 3 page discussion of search and seizure and the Fourth Amendment protections surrounding it. The author explores a fictional scenario of a potential witness that is taken into custody for parole violation. Eight days after he was arrested and his clothing inventoried and stored the police deciding to search it for evidence. Bibliography lists 3 sources.
Filename: PPsearc5.rtf

Sentencing/Juvenile Justice System
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A 6 page research paper that presents a scenario involving a 12-year-old offender and then presents possible sentencing options. The writer argues in favor of keeping the boy in the juvenile justice system, rather than trying him as an adult. Bibliography lists 3 sources.
Filename: khjjssen.rtf

Should Defendants Be Forced To Take A Drug Test?
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3 pages in length. The debate over whether defendants should be administered a drug test prior to release is on that has seethed beneath the surface of those who, on one side, contend that doing so will only serve to increase the number destined for pre-trial detention and those on the other side who argue that just the opposite will actually occur. Despite this ongoing dispute, however, the popularity of just such a practice has steadily gained ground. Bibliography lists 4 sources.
Filename: TLCDrgTstDef.rtf

SIMA RABINOVICZ AND THE WRONG SIDE OF THE BUS
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This 4-page paper discusses the case of Sima Rabinovicz when, riding on a Monsey Trail Bus, she was asked to move her seat by Hasidic Jews who wanted to wall off part of the bus for prayer. The paper discusses the specifics of the case, the role of Jewish women (Orthodox) and whether the case was justified. Bibliography lists 2 sources
Filename: MTsimara.rtf

Sizer’s Will
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A 3 page summation of the ruling of the New York State appellate court in 1908 concerning the will of Nelson Buell Sizer. No bibliography is provided.
Filename: Khsizer.rtf

Small Claims Courts In The United States / Issues & Procedures
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A 6 page paper on small claims court. Examined are statistics concerning the number of cases tried, the procedure for filing a small claim in most states, issues, rules, loopholes, etc.; Sections also discuss which demographic groups are suing more frequently and what techniques should be established to help increase the number of inner-city minorities who exercise their right to sue when appropriate. Bibliography lists 4+ sources.
Filename: Smallcla.wps

Special Prosecutors and Presidential Powers
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A 4 page research paper on a hypothetical supreme court decision. The writer details the law regarding original jurisdiction, executive privilege, hiring and firing certain federal appointees, and suit against a president. No bibliography.
Filename: Specpros.wps

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 nation’s 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 Simpson’s 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


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