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Papers On Legal Briefs
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Robinson v. California (1962)
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A 2 page brief of the Supreme Court case in which the appellant, convicted of drug addiction based solely on the presence of apparent needle marks and a scab, challenged the Californian practice of inflicting criminal punishment for any such addiction. The Supreme Court decided that Californias interpretation and application
of the statute resulted in cruel and unusual punishment. The contested interpretation and application of the California statute was therefore in violation of the Eighth and Fourteenth Amendments. No additional sources are listed.
Filename: PPlawBr1.wps
Ruiz Trial Brief
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A 7 page trial brief asking that evidence gained in violation of the Fourth and Fifth Amendments to the Constitution of the United States be ruled inadmissible in an indictment resulting from that evidence. This is an action alleging a violation of 49 U.S.C. 46504, interference with the flight crew of a commercial aircraft; and 21 U.S.C. 844, possession of a Schedule IV controlled substance. Defendant Michael Ruiz was indicted September 17, 2003 on charges resulting from events that took place aboard Corporate Air flight 1001 on or about September 7, 2003. Mr. Ruiz now asks that certain evidence arising from the events of September 7, 2003 be excluded from evidence. This brief is filed in support of Mr. Ruizs Motion. No sources listed.
Filename: KSlawBrfRui.rtf
Salvage Law and Government Property in US Waters
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A 5 page consideration of the circumstances surrounding the salvage of a World War II aircraft that crashed into US waters in 1943. This paper considers the distinction between lost, misplaced, and abandoned as they relate to the planes ownership. The author emphasizes the importance of salvage law in deciding just compensation for the planes recovery. Bibliography lists 2 sources.
Filename: PPlwsalvage.rtf
SAMPLE COMPLAINT LETTER TO A DISTRICT ATTORNEY
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This 4 page paper is an example legal complaint, such as would be filed with a district attorney. Case discussed, recommendations offered. Bibliography lists 4 sources.
Filename: MBcplaint.rtf
School Prayer & The Lemon Test
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A 4 page research paper that argues a hypothetical case involving the constitutionality of school prayer. The writer cites case law and the Lemon Test in order to argue that prayer should not be allowed at high school graduation exercises. Bibliography lists 4 sources.
Filename: khspbai.rtf
Search and Seizure: Illinois verses Robert S. Lidster
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A 10 page overview of the numerous considerations introduced in Illinois verses Robert S. Lidster. This paper reviews the petitioners brief of the case, highlights its main points and compares them to other considerations in regard to Search and Seizure and protection of our Fourth Amendment rights. Bibliography lists 9 sources.
Filename: PPsearc3.rtf
Sexual Assault in New Jersey: A Legal Memo
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This 8 page legal memo outlines the basic elements of a case of a New Jersey woman who was raped and the charges against her accuser. This paper outlines the New Jersey legal statute for sexual assault, and then uses case information to support the legal claims of the woman against her attacker.
Filename: MHNJrape.wps
State of Florida v. J.L.
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A 1 page brief of this Supreme Court case which investigated the sovereign rights of a state to create protection for its citizens which is in excess of that provided by the U.S. Constitution. Whether an exception for firearms and weapons to the provision of the Fourth Amendment of the U.S. Constitution limiting searches and seizures is necessitated. Relates the case of a black juvenile who was searched for weapons based only on an anonymous tip. No additional sources are listed.
Filename: PPlawBr4.wps
State v. Thornton, 730 SW2d 309 (Tenn. 1987)
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This 3 page paper is a legal brief that provides an overview of the case of the State v. Thornton.
Filename: MHLegBri.rtf
Statutory Interpretation: Hubert and the Idea of Moral Turpitude
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This 4 page paper uses a client-supplied summary of Section 241(a) of the Immigration and Nationality Act of 1952, 66 Stat. 204, 8 U.S.C.A. Sec. 1251 (a) to explain why a resident alien cannot be deported under this section.
Filename: HVSec241.rtf
Stop H-3 Assn., et al v. Coleman
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A 3 page summation of a case involving opponents to the construction of a highway through the Moanalua Valley on Hawaiis Oahu island. The facts of the case, procedural history, question before the court, ruling, rational and disposition are discussed. No bibliography is offered.
Filename: khh3oahu.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
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 Alabama Claims: A Legal Brief
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A 2 page paper which presents a legal brief of the
case concerning Alabama claims. No additional sources cited.
Filename: RAlbalabm.wps
The Application of Title VII
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This 5 page paper considers the application of Title VII of the Civil Rights Act of 1964 and assesses the implications in terms of a specific case scenario. This paper identifies the central issues of a case and considers the positions presented, providing a decision based on the facts and the statutory language of Title VII. Bibliography lists 1 sources.
Filename: MHTitVII.wps
The Case for Christine Busalacchi and Against Nurse Participation in Patient Death
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A 10 page paper which the arguments presented by nurses in Missouri and Arkansas, who pleaded a case before the Supreme Court that depriving Christine Busalacchi of nourishment through starvation and dehydration was illegal, inhumane, and unethical. The strengths and weaknesses of the arguments presented in the nurses briefs, conflicts of laws or rights will be considered, and a decision will be reached on the basis of the precedents offered. Bibliography lists 6 sources.
Filename: TGchrisbus.rtf
The Case for the Plaintiff
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This 8 page paper looks at a case provided by the student where the plaintiff has been denied insurance cover for medical costs incurred. The paper includes and outline of the facts from the plaintiffs side, and then goes on to give a legal argument citing relevant cases and rebuking the defendants claims. The bibliography cites 1 additional source.
Filename: TEmedcos.wps
The Case of the Estate of Earl Guidotti
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This 5 page paper considers the case of the Estate of Earl Guidotti where there were contradictory clause and an attempt at preventing the remarriage of his wife. The writer examines the arguments for and against the case and the precedent that were used, as well as the result of the case. Case notes were provided by the student.
Filename: TEguidot.wps
The Copyright Act of 1976 and the Fair Use Doctrine
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This 10 page report discusses a
case in which copyright questions are considered. The Plaintiff has filed a complaint
based in the Copyright Act of 1976, Title 17, stating that the defendant has created and
commercially distributed unauthorized altered versions of plaintiffs copyrighted motion
pictures. In the case of GMG Studios, Inc. versus Scarlets BeneFilms, Inc., a case is
presented which clearly demonstrates how complicated such issues have become and the
many interpretive problems associated with them. Bibliography lists 8 sources.
Filename: BWtitle.rtf
The Corfu Channel Case: A Legal Brief
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A 2 page paper which presents a legal brief of
the case concerning the Corfu Channel case. No additional sources cited.
Filename: RAlbcorfu.wps
The Doctrine of Consideration
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This 8 page paper considers this well established doctrine of consideration in UK law and how it has developed. In recent years there has been a call to modernise the doctrine of privity which has been almost indistinguishable in the past and the paper considers how this evolved, resulting in the Contracts (Rights Of Third Parties) Act 1999. The bibliography cites 6 sources.
Filename: TEconsid.wps
THE LEGALITY OF RELIGIOUS BELIEFS AND MEDICAL CARE
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This 3-page paper argues that, from a legal perspective, parents can't refuse medical treatment to their children because of religious beliefs. Bibliography lists 2 sources.
Filename: MTrelimedi.rtf
The People of Colorado v. Michael Eugene Shrek: A Case Analysis
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This 9 page paper provides an overview of this case, and analyzes the issue of DNA testing. Bibliography lists 5 sources.
Filename: MHCasLa3.rtf
The Supreme Court Case of US v. Ray 502 US 164 (1991)
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This 5 page paper provides an overview of the Supreme Court Case of US v Ray (502 US 164 (1991)). This paper provides a brief introduction and focuses on the application of US v. Ray and the implications for the Freedom of Information act. This paper considers the facts, procedural history, holding, issue and rationale. No additional sources cited.
Filename: MHSupCt2.wps
Three Legal Briefs Analyses
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9 pages analyzing 3 Supreme Court decisions: O'Gilvie & O'Gilvie (minors) v United States and Kevin O'Gilvie v United States; Atherton v FDIC; and United States v Brockamp. Two involve the Internal Revenue Code; one was in determination of hierarchy of laws applying to bank regulation negligence. In the O'Gilvie cases, the mother had died of toxic shock syndrome in the early 1980s; her husband and children were awarded more than $11.5 million, some of which the IRS wanted and none with which the family was willing to part. The Brockamp case decided against taxpayers who overpaid their taxes and then sought refund several years after the 3-year time limit for petition.
Filename: Lawb.wps
Trial Brief: Title VII Retaliation Claim
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An 8 page trial brief arguing against summary judgment requested by an employer. The brief discusses the case of Paula Cornish, a high school history teacher terminated following her protests of the termination of a Pakistani-born teacher at the same school following the terrorist attacks of September 11, 2001. The plaintiff alleges that her termination was in retaliation for her exercise of her right of free speech, and the brief lists three relevant cases in support of its argument against summary judgment. Bibliography lists 3 sources.
Filename: KSlawTrialBr.rtf
U.S. SUPREME COURT VS.
EMPLOYMENT DIV., ORE. DEPT. OF HUMAN RES. v. SMITH, 494 U.S. 872 (1990)
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This 3-page paper is an analysis of a brief, which determines if religious practices are exceptions to state law.
Filename: MTscvsem.rtf
Uniform Commercial Code - Article 9
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A 9 page paper that discusses parts of Article 9 of the U.C.C. The emphasis is on explaining secured and perfected security interests. Article 9, sections 203 and 403 are explained along with brief explanations of other sections and definitions. Several cases are reported that illustrate how courts are likely to rule in cases that involve two creditors. Bibliography lists 6 sources.
Filename: PGuccl9.rtf
United States v. Sioux Nation of Indians (Legal Brief)
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This 3 page paper provides a brief of this important Supreme Court case that focuses on land promised to the Indians and how the U.S. government reneged on a treaty. Bibliography lists 1 sources.
Filename: SA527lb.rtf
Walker v. Brown, 1862
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A 4 page summation of Walker v. Brown, a nineteenth century case that concerns a breach of contract and whether or not a party is obliged to pay for work done when the contract does not specifically mention that party. The writer summarizes the facts of the case, procedural history, issue before the court, the holding, rationale and the disposition. No bibliography provided.
Filename: khwvb18.rtf
Weeks v. US
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A 5 page paper that summarizes this landmark 1914 Supreme Court case, which established that evidence obtained by illegal search and seizure, that is, without a proper warrant, would be inadmissible in American courts. Bibliography lists 1 source.
Filename: khwv.us.rtf
Writing an Appellate Brief
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A 24 page research paper that examines how to write an appellate brief. The writer creates a hypothetical case in order to give an example of appellate brief, but then also offers analysis and additional information on what experts feel each portion of the brief should accomplish. Bibliography lists 8 sources and also cites 9 cases.
Filename: 99brief.rtf
Youngstown Sheet and Tube Co. v. Sawyer
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A 4 page brief on this particular Supreme Court case. The writer details the facts, issues, findings, and significance of the case.
Filename: Youngst.rtf
Zelman v. Simmons-Harris: An Analysis of Impact to the Establishment Clause Requiring Separation of Church and State in Education
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A 14 page review of the findings of this 2002 Supreme Court case concerning the Constitutional validity of school vouchers. This paper reviews the societal implications of these findings in relation with past case law and the public misperception of the intent of the First Amendment to separate church and state. Bibliography lists 16 sources.
Filename: PPlwSchV.rtf
Benjamin v. Lindner Aviation, Inc.
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This 5 page paper examines the Iowa Appellate Court case Benjamin v. Lindner Aviation, Inc., a 1995 ruling that turns on the definition of found property. Bibliography lists 1 source.
Filename: HVBenLin.rtf