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Papers On Litigation, The Courtroom & The Trial System
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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
Courtroom 302 by Steve Bogira
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A 5 page paper which examines Steve Bogiras work Courtroom 302 and discusses how his work demonstrates the justice system and how that justice system does not really seek justice. No additional sources cited.
Filename: RAcr302.rtf
Due process and the concept of justice
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A twelve page paper which looks at the way in which due process operates, the social and cultural constructs which may affect it, the relationship of the concepts of fairness and justice to that of due process and some of the historical and cultural elements which have influenced the modern judicial system.
Bibliography lists 8 sources.
Filename: JLdueproc.rtf
No Crueler Tyrannies by Dorothy Rabinowitz
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A 3 page review of Dorothy Rabinowitz No Crueler Tyrannies. No additional sources cited.
Filename: RActy.rtf
Plea Bargaining and the Role of the Judge
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A five page paper which looks at the history of the process of plea-bargaining in American courts, and considers how far the role of the judge has been undermined by the participation of attorneys in charge- and fact-bargaining, and the ways in which current initiatives are endeavouring to return control of plea-bargaining to the judiciary.
Bibliography lists 2 sources
Filename: JLpleabarg.wps