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Papers On Legal Briefs
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Skeet Shooting & Pollution
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This 9 page paper focuses on a legal case concerning The Long Island Soundkeeper Fund and The New York Coastal Fishermen's Association v. The New York Athletic Club. The case addressed environmental issues and was under the Clean Water Act umbrella. Bibliography lists 7 sources.
Filename: Skeet.wps

1971 Montreal Convention: A Legal Brief
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A 2 page paper which presents a legal brief of the case concerning the 1971 Montreal Convention. No additional sources cited.
Filename: RAlbmontr.wps

Aaron B. Cooley v. Board of Wardens of the Port of Philadelphia
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A 6 page brief of Aaron B. Cooley v. Board of Wardens of the Port of Philadelphia, to the Use of the Society for the Relief of Distressed Pilots, Their Widows and Children, Defendants.; Same V. Same; Supreme Court of the United States, 53 U.S. 299; 1851 U.S. LEXIS 658; 13 L. Ed. 996; 12 HOW 299; December, 1851. The plaintiff charged that Pennsylvania usurped federal powers in requiring payment for the use of a pilot into and out of the port of Philadelphia. The majority disagreed, holding that every state had a right to regulate its own ports. Justices McLean and Daniel dissented in that pilots remained on board after leaving the jurisdiction of the state and entering federal waters. No sources listed.
Filename: KScooleyVward.wps

Agency and Employee Accountability in Cases of Negligence: The Legal Issues of Employee Credibility and Training
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An 8 page assertion that our educational arena has been subject to many challenges and disappointments. At the center of many of these is the issues of employee credibility and training. That the educational system has a problem is not an issue of contention. What is questionable in the current day legal environment, however, is whether or not employees and school districts can be held legally liable for the educational inadequacies which result from inadequate teacher qualifications and training. This paper utilizes the Supreme Court cases of Monroe Vs Pape (1961), Monell Vs Dept of Social Services (1978), City Of Oklahoma Vs Tuttle (1984), Daniels Vs Willaims (1986), Davidson Vs Cannon (1986), and City of Springfield Vs Kibbe (1987) to add insight to that question. All illustrate the delicate balance between employee liability and negligence on the part of the agency when employee credibility is challenged. Bibliography lists 5 sources.
Filename: PPcivRt2.rtf

Albert's Beach Find
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A 5 page paper discussing the likely outcome of a court's decision should a found property case find its way there. The situation is discussed in light of only the guidance provided in Benjamin v. Lindner Aviation, Inc., Iowa SC, 534 N.W.2d 400 (1995). Bibliography lists 1 source.
Filename: KSlawBchSilv.rtf

An Appeal to the Utah Court of Appeals: Antibigamy Laws
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A 10 page appellate brief. Loosely formatted in accordance with Utah's requirements for appellate briefs, this paper argues the Constitutionality of Utah's antibigamy laws from the perspective of the First and the Fourteenth Amendments. Bibliography lists 6 sources.
Filename: PPlwBgmy.rtf

An Example Brief and Appellate Decision
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This 11 page paper provides an overview of a brief and an appellate decision in two different cases. Bibliography lists 5 sources.
Filename: MHAppellOp.rtf

An Outline for an Appeal to the House of Lords
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This 6 page paper looks at the way in which a case that has failed at the court of appeal may be argued for consideration by the House of Lords. The case considered is that of Chapman & Another v CPS Computer Group PLC (1987) which concerns the breach of an employment contract and a share option agreement on the transfer of the company and employment contract to a third party. The paper argues for the defendant (the employers) by way of frustration, a concept which was not argued ion the original case. The bibliography cites 10 sources.
Filename: TEappeal.wps

Analyzing Three Cases According To Michael A. Berch's "Introduction To Legal Method And Process
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7 pages in length. The writer discusses Rush v. Maple Heights, Hess v. Pawloski and Mitchell v. Rochester Railway Co. Bibliography lists 5 sources.
Filename: TLCBerch.rtf

Antitrust Law: History and Cases:
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This 7 page paper discusses Antitrust Law from several perspectives. History of Antitrust Law is discussed as is regulatory authorities, current legislation and historic cases. Bibliography lists 5 sources.
Filename: GSAntitr.rtf

Appellate Brief
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9 pages in length. Jake Grabel moved in with his ex-wife, Betsy, while he was still married to his second wife, Laverne. Soon the relationship between Jake and Betsy soured, and Jake decided to go back to live with Laverne. In the interim, Betsy sold many of Jake's belongings, claiming that she is entitled to half of the property he acquired during the two years of time she and Jake were living together. Jake sued for the return of the property, which consisted of a 1987 Jaguar, 3 compact disc players, a diamond ring, a hot tub and a snowmobile. Jake lost the trial court action. The following appellate brief was submitted shortly thereafter. Bibliography lists 3 sources.
Filename: TLCApBrf.rtf

Appellate Brief for Case Study
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This 6 page paper is a sample appellate brief based on a New York case study submitted by a student. The case involves a search and seizure by police after an individual is stopped for speeding. The brief argues that the search was illegal based on the fourth amendment. Five notations are included in Bluebook style. No bibliography .
Filename: SA350app.rtf

Appellate Brief for Case Study (Wrongful Birth)
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This 10 page paper is a sample appellate brief based on a fictitious California case study. The case involves a wrongful birth claim involving a woman who gave birth to a Down Syndrome child. Notations are included in Bluebook style. No bibliography .
Filename: SA442app.rtf

Appellate Brief Pennsylvania
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A 5 page paper providing an appellate brief according to the laws of Pennsylvania. Clients’ child has been denied access to public education because she is HIV-positive. The brief suggests that appeal first focus on whether Ginger’s right to medical information privacy under Pennsylvania law has been violated, then continue to the requirements of IDEA (Individuals with Disabilities Education Act), which state that every public school district must provide free public education to all of those requesting it. Bibliography lists 4 sources.
Filename: KSlawHIVbrief.rtf

Bourjaily v. United States (Brief)
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This 3 page paper evaluates a case regarding the hearsay rule and exceptions in this Supreme Court case. The case involves a drug transaction. The sixth amendment is referenced in the context of the case. No additional sources cited.
Filename: SA408One.rtf

BOWERS V HARDWICK, 1986 -- LEGAL BRIEF ANALYSIS
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This 3-page paper analyses the case of Bowers v Hardwick, regarding the constitutionality of the Georgia sodomy law during the mid-1980s.
Filename: MTbowhar.rtf

Brief for Goss v. Lopez, 419 U.S. 565 (1975)
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A 2 page summary of this Supreme Court case, in which several students brought a class action suit against a Southern Ohio school board for suspending them from school without hearing either before or after the fact. The students' argument is that they were denied the due process afforded by the Fourteenth Amendment, and wanted all reference to their suspensions removed from their permanent records. The Supreme Court agreed with the students, but qualified their decision as not meaning that formal hearings need to be held for more minor suspensions. Bibliography lists 1 source.
Filename: KSGossVLopez.wps

Brief for Lee v. Weisman, 505 U.S. 577 (1992)
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A 3 page paper summarizing this Supreme Court case. Petitioner Lee was a middle school principal who arranged for a local rabbi to conduct a nonsectarian prayer at the school's graduation ceremony. Deborah Weisman was a student who objected, and her father filed suit after the ceremony when he was unable to persuade a District Court to place injunction against the school preceding the ceremony. The brief includes citation for the case, a description of the sitation and the facts, rule of law, procedural summary and issue. It concludes with the holding and a comment. Bibliography lists 1 source.
Filename: KSLeeVWeis.wps

Business Law Case Briefs 2
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A 15 page paper providing briefs of four cases: Anderson v. Treadwell, Eldred v. Ashcroft, Matimak Trading Co. v. Khalily and D.A.Y. Kids Sportswear Inc., American Canoe Association v. Murphy Farms, Balistreri v. Nevada Livestock Production Credit Assn., Oz Technology Incorporated v. Environmental Protection Agency and Sengoku v. RMC International. Bibliography lists 12 sources.
Filename: KSlawBriefsQ.rtf

Case 7-2, Japan – Taxes on Alcoholic Beverages
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A 4 page case brief of an international trade dispute brought before the World Trade Organization (WTO) Dispute Settlement Panel in 1998. Canada, the European Union and the United States complained to the WTO that Japan imposed lower taxes on its locally-produced shochu, an alcoholic beverage. The complaining entities maintained that by imposing higher taxes on imported alcoholic beverages, Japan violated Article III, paragraph 2 of the GATT 1994. The WTO panel agreed. Bibliography lists 1 source.
Filename: KSintlLawJapan.rtf

Case Brief: Balistreri v. Nevada Livestock Production Credit Association
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A 3 page brief of this 1989 case in which a couple completed a deed of trust on their residence by mistake. The California court of appeals found that there was no contract, because both Appellants and Respondent were mistaken in their intent and statements. No sources listed.
Filename: KSlawBrBalis.rtf

Case Briefing: State v. Kuntz
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This 3 page paper is a legal briefing of the State v. Kuntz action argued before the Supreme Court of Montana in 2000. Bibliography lists 3 sources.
Filename: HVStKunz.rtf

Case Briefs
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An 8 page paper providing briefs of four cases: American Canoe Association v. Murphy Farms, Balistreri v. Nevada Livestock Production Credit Assn., Oz Technology Incorporated v. Environmental Protection Agency and Sengoku v. RMC International. Bibliography lists 6 sources.
Filename: KSlawBriefs.rtf

Causey v. St. Francis Medical Center
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This 4 page paper provides an overview of the case of Causey v. St. Francis Medical Center. Bibliography lists 3 sources.
Filename: MHCausey.rtf

Caymanian Status Grants by the Cabinet: Could this action be successfully challenged by way of judicial review?
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This 4 page paper considers the recent grating of status by the Cabinet in the Cayman Islands and considers whether or not this could be subject to a successful judicial review application. The bibliography cites 3 sources.
Filename: TEcayjudr.rtf

Cedar Rapids Community School District v. Garret F.
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A 5 page paper discussing this case in which the Supreme Court ruled that a ventilator-dependent student should be attended by a school-provided nurse for the entire time the student is at school. The Individuals with Disabilities Education Act (IDEA) requires school districts to provide related services but not direct medical services aside from those required for disability diagnosis and evaluation. The Supreme Court ruled that full-time and continuous attendance by a nurse was not medical service, but rather qualified as a "related service." Bibliography lists 3 sources.
Filename: KSIDEAIowa.wps

Chicago v. Morales
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A 1 page brief of the Illinois Supreme Court Case in which the validity and Constitutionality of Chicago’s Gang Congregation Ordinance which prohibits members of street gangs from loitering in public places. This ordinance was enforced based on an individual’s conforming to pre-defined criteria used to define gang membership. The Illinois Supreme Court found this ordinance violated the due process clause of the Fourteenth Amendment to the Constitution. No additional sources are listed.
Filename: PPlawBr2.wps

Contract Case Law Studies
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This 12 page paper provides an overview of four contract law issues, and relates the specific elements of each case. This paper assesses four different cases, defines the legal elements and the contract concepts.
Filename: MHCaseLa.wps

Contract Law; A Case Study
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This 5 page paper considers a case study supplied by a student that looks to establish is a contract has been formed so that action can be taken for breach of contract. Issues such as offer, counter offer, acceptance and frustration are included. The bibliography cites 2 sources.
Filename: TEcontus.rtf

Criminal Law and Procedure 3
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A 9 page paper addressing legal cases in alcohol use and building safety inspection, and providing briefs of three state and federal cases: Montana v. Egelhoff, People v. Larry Ribowsky and Swindall v. Cox Enterprises, Inc. Bibliography lists 5 sources.
Filename: KScrimLawProc3.rtf

Criminal Law and Procedure 6
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An 8 page paper addressing two discussion questions and providing three case briefs. One question discusses options available to a member of the local bar who has been required to serve as a public defender in an appeal case. The other examines factors that could influence a juror to vote for life in prison or for the death penalty. Briefs are for Bell v. Cone, 535 U.S. 685; 122 S.Ct. 1843 (2002);Kelly v. South Carolina, 534 U.S. 246; 122 S.Ct. 726 (2002); and United States v. Bass, 536 U.S. 862; 122 S.Ct. 2389 (2002), all of which address death penalty issues. Bibliography lists 10 sources.
Filename: KScrimLawProc6.rtf

Drawing Case Law/A Case Synthesis Exercise
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A 3 page essay that outlines a law case scenario and then describes two cases that are relevant to the scenario. Based on these 2 cases, the writer argues on the rationale of the court in deciding this case. No bibliography is provided.
Filename: khlcsce.rtf

Due-on-Sale in Michigan
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A 6 page memo to a law practice client in Michigan explaining the due-on-sale clause of the mortgage contract and Michigan law, and why she cannot circumvent the law by writing a land contract effectively selling the land on which a house is situated without also paying off the mortgage so that a new one – at higher interest – can be written. The memo provides issues of law, a discussion and conclusion. Bibliography lists 4 sources.
Filename: KSlawMIdueOnSale.rtf

Eain v. Wilkes 641 F.2d 504
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This 3 page paper outlines the case of Ziyad Abu Eain who, using a writ of habeas corpus, sought to avoid an application for his extradition to Israel following his implication in a PLO bombing that killed 2 and injured 30; which was seen as a terrorist action. The paper outlines the case against him and the way in which the courts looked at the case with reference to the extradition treaty, the claims of insufficient evidence and attempt to use a political exemption clause. The bibliography cites 2 sources.
Filename: TEeainwlk.rtf

Emotional Distress; A Case Based on California Law
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This 6 page paper is a memo put together from material supplied by the student concerning a fictitious case where there is a potential claim for intentional infliction of emotional distress. The memo outlines the facts, considers the relevant legislation and cases including Christensen v. Superior Court (1991) and Saari v. Jongordon Corp. (1992).
Filename: TEemodis.wps

Ethical Treatment in Employment / A Legal Memorandum
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When an employee is denied promotion because of the knowledge that a manager has regarding their status and plans to remain (or not to remain) with a company, it is possible to contend that the manager has supported discriminatory action during the promotion process. This 6 page paper considers the scope of this argument and then devises a legal brief that applies many different legal perspectives to support this assertion. No additional sources cited.
Filename: Leglmem.wps

Examining Mr. Hansen's Fall
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A 13 page paper examining the likelihood of success should an individual, Tom Hansen, pursue a lawsuit against Apex Supermarket after slipping on a wet spot in the floor and suffering injuries that required surgery. The paper concludes that Mr. Hansen cannot offer proof of the store manager's statement of knowledge of the spill, and he cannot demonstrate that the spill had been on the floor for any significant length of time. It is likely that Apex Supermarket would request and receive summary judgment. The paper refers to three New York Supreme Court cases, but no sources are listed.
Filename: KSlawHansFall2.rtf

Exigent Circumstances: Stop and Frisk
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A 3 page review of Terry v. Ohio, a key Ohio Supreme Court Case. This case clarified that exigent circumstances could override the typical need for a warrant to conduct a search. Bibliography lists 5 sources.
Filename: PPsearc4.rtf

Experience Hendrix, L.L.C. v. Hammerton
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This 5 page paper is a legal brief outlining the parties, facts rule of law, discussions and holding of the case of Experience Hendrix, L.L.C. v. Hammerton, Administrative Panel Dection, Case Number D2000 – 0364, August 2nd 2000. The bibliography cites 1 source.
Filename: TEhendrx.rtf

Ferrous Products Co. v. Gulf States Trading Co.: A Legal Brief
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This 3 page paper provides an legal brief of the case of Ferrous Products Co. v. Gulf States Trading Co. Bibliography lists 1 source.
Filename: MHGulfStat4e.rtf

Fiduciary Duty of Directors to Shareholders in Australian Law
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This 8 page paper considers the impact of the case of Brunninghausen v Glavanics [1999] and its landmark finding that a company director may under certain circumstances owe a Fiduciary Duty to shareholders despite the traditional view that this was not the case. The bibliography cites 4 sources.
Filename: TEdirdut.wps

Freedom of Information Act Test Case.
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(5 pp) The supposed boon of living in a democracy is that one has the right to apply to a court of law concerning complex decisions. This discussion will provide such a legal challenge and opportunity. The Freedom of Information Act is used as a defense.("United States Dep't of State v. Ray, 502 U.S. 164, 173-74, 112 S. Ct. 541, 116 L. Ed. 2d 526 (1991)". May 2000 Exception 7 included.
Filename: BBfreeAt.doc

Gideon v. Wainwright
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A 5 page research paper that offers a legal brief and summary concerning this landmark decision of the US Supreme Court. Due to this decision, all defendants are provided with an attorney, as the court will appoint counsel if the defendant cannot afford this service. Bibliography lists 1 sources.
Filename: khgid63.rtf

GMAC v. Raju
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An 11 page research paper that examines a case, Graduate Management Admissions Council (GMAC) v. Raju, which involves intellectual property law on the Internet. The writer particularly examines the court’s interpretation of Rule 4(k)(2). Bibliography is incomplete, but 5 sources are cited in the text of the paper.
Filename: khgmac.rtf

Hannah v. Peel
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A 5 page case summary of a property case that offers the facts of the case, the holding, the rationale of the court, disposition and a brief discussion of dissenting opinion. No bibliography is offered.
Filename: khhvp.rtf


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