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Papers On Litigation, The Courtroom & The Trial System
Page 11 of 14
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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
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