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Papers On Litigation, The Courtroom & The Trial System
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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
Use of Character as Evidence
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A 4 page research paper/essay that examines the rules of evidence in US courts. The writer addresses specifically rules of evidence that pertain to the character of the accused. Relevant law and its ramifications are discussed. Bibliography lists 1 source.
Filename: khchevi.rtf
Valid Contracts
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A 3 page paper discussing the four elements of a valid contract (mutual assent, consideration, capacity and legality) and the objective theory of contracts in answer to four questions. The example case used is John D.R. Leonard v. PEPSICO, Inc. 88 F.Supp.2d 116 (S.D.N.Y. 1999), in which the viewer of a Pepsi commercial offering a Harrier jet sought unsuccessfully to force the company to supply him with a Harrier jet. Bibliography lists 4 sources.
Filename: KSlawContValid.rtf
Various Legal Issues
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A 5 page paper which discusses, and summarizes, three separate legal cases. The paper also summarizes an article about a legal issue concerning adoption in foreign countries. The legal cases are as follows: Case #1 : Bankruptcy, Case #2: Federal Trade Commission, and Case #3: Employment Law. Each case is broken down into facts, arguments, issue, decision--if there is one--, and analysis. No additional sources cited.
Filename: RAlegalad.wps
What Makes A Trial 'Political'?
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A 5 page paper that explores this question in light of racial and political currents in regards to four cases: Sacco-Vanzetti, Julius and Ethel Rosenberg, The Scottsboro Brothers, and The Black Panthers. Bibliography lists 5 sources.
Filename: Whatmake.wps
When Children Must Testify / Philosophy Of The Shield Laws
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A 20 page paper that takes an in-depth look at some of the problems associated with cases in which children must testify in court, and the possible effects of shield laws that are beginning to be commonplace. Bibliography lists 12+ sources.
Filename: Shield.wps
When is a Tort Actionable?
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This 4 page paper looks at a case where an woman slips on oil and break her ankle, The oil is silt by another woman when she dropped her shopping who madden attempt to clear it up or minimise the danger. This paper considers whether there is a case that can be brought under tort. Numerous cases are cited throughout the paper. The paper is written with reference to English law. The bibliography cites 2 sources.
Filename: TEtortol.rtf
Why Do People Sue ?
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A 7 page research paper analyzing some of the reasons why it has become so common for people to sue others in modern American society. Various types of litigation and their prevalence are examined and the writer makes several strong arguments concerning our "ability" to sue vs. our actions. Bibliography lists 6 sources.
Filename: Suewhy.wps
Why Do People Sue ? # 2
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A 6 page look at the American legal system, society, and how we are compelled to sue over relatively minor incidents. Personality, accessibility, material gain, etc.; are among the many causal factors explored. Case examples are used to support points made. Bibliography lists 4 sources.
Filename: Suewhy2.wps
Wrongful Conviction
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8 pages in length. To understand how a person can be wrongfully convicted despite the existence of some of the most compelling evidence in favor of his innocence is to realize the fatal flaws that plague the American judicial system. Even more disturbing is the validity placed upon certain eyewitnesses when it is difficult at best and impossible at worst to corroborate their stories, a critical and necessary task to achieve when a man's life hangs in the balance based solely upon someone's erroneous claim. Gerald Amirault exemplifies a defective legal system whereby the testimony a single individual - a child, no less - can convict a man when everything else in the case points to the other direction: innocence. Bibliography lists 6 sources.
Filename: TLCWrongConv.rtf
Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) / How the Case Would have been Decided by Edwin Meese and Justice William Brennan
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In 5 pages, discusses the Supreme court case of Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952), and how the case would have been decided in a majority opinion by both Edwin Meese and Justice William Brennan. Bibliography lists 3 sources.
Filename: PCyvsmb.wps