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Papers On Litigation, The Courtroom & The Trial System
Page 2 of 14
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Admissibility of 'Without Prejudice' Correspondences
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7 pages. Based on several court cases which are noted within this paper, the topic herein pertains to the statement that "parties should be encouraged as far as possible to settle their disputes without resort to litigation and should not be discouraged by the knowledge that anything that is said in the course of such negotiations may be used to their prejudice in the course of the proceedings" (Oliver, 306, 1984). Bibliography lists 8 sources.
Filename: JGAdsput.rtf
Admissibility of Eyewitness ID Evidence
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A 10 page research paper that discusses the reliability of eyewitness testimony. The writer offers a literature review of eyewitness and memory research that indicates that eyewitness testimony is not as reliable as it has been traditionally viewed in US jurisprudence. Bibliography lists 8 sources.
Filename: kheyewit.rtf
Adversial Process and Legal Use of Violence in the Law
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A 5 page paper which
examines the effectiveness of the adversial process and the legal use of violence in the
field of law. Bibliography lists 2 sources.
Filename: RA12angr.rtf
Agreement and Battle of the Forms; A Case Study
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This 18 page English law paper examines the factors that determine when an agreement is made and how the terms and condition are determined. Using a case study supplied by the student where an order is made and fulfilled with the goods are delivered as ordered with the exception of the package sizes, the writer examines if the goods can be rejected and how the battle of the forms is used to determine which terms and conditions apply to the contract. The paper makes numerous references to cases to illustrate to points raised. This paper is written with English law. The bibliography cites 20 sources.
Filename: TEbattlef.rtf
Alternative Dispute Resolution / Is It Always An Alternative ?
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A 12 page paper discussing the move from litigation to arbitration. The paper discusses what ADR is, in what circumstances it is beneficial, and in what circumstances it may not be. Biblioraphy lists 10 sources.
Filename: Arbit.wps
ALUMINA AND THE ENVIRONMENT: A CASE STUDY
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This 7-page paper provides an analysis on potential environmental litigation for Alumunia, a fictitous company facing alleged environmental complaints. Bibliography lists 3 sources.
Filename: MTalumcase.rtf
American Canoe Association v. Murphy Farms
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A 5 page paper discussing points of American Canoe Association v. Murphy Farms, No. 02-1501, 326 F.3d 505; 2003 U.S. App. LEXIS 7158; 56 ERC (BNA) 1545; 33 ELR 20175, 4thCir, (2003) as they relate to the Clean Water Act and to commercial swine production. The American Canoe Association, Professional Paddlesports Association and Conservation Council of North Carolina brought suit against Murphy Farms and D.M. Farms of Rose Hill, both commercial pork producers in North Carolina. Plaintiffs' complaint was that the hog farms had polluted surrounding bodies of water in violation of the Clean Water Act. The courts have agreed with plaintiffs on several points. Bibliography lists 6 sources.
Filename: KSlawMurFarm.rtf
American Justice and the Inadequacy of the Public Defense System
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This 7 page report discusses the fact that most Americans take a
great deal of pride in the fact that the system of justice in the
United States is the most balanced and even-handed of any
judicial system in the world. However, the past several decades,
if not longer, have demonstrated that it is actually the accused
with the most money who has the greatest advantage in the
judicial system of the United States. Bibliography lists 7
sources.
Filename: BWjud.wps
American Legal System/Evaluation
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A 5 page research paper that defends two aspects of the American legal systems, lawyers and judges, as providing value to the system in their current form. To substantiate this argument, the writer cites a case made famous by the movie "A Civil Action," Brown vs. Board of Education, and other examples. Bibliography lists 9 sources.
Filename: khamle.rtf
An Australian Overview of Tort
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This 5 page paper is an overview on Tort, the writer explains what tort is, and the three types of tort. The writer then looks at how Australian tort law is starting to differ from the form Anglo-Australian tort law. The bibliography cites 5 sources.
Filename: TEtortau.wps
An Evaluation of EEOC v. Steamship Clerks Union
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This 5 page tutorial takes a look at this case. Information about the case is relayed and alternatives for the union are recommended. This Supreme Court case involves disparate impact. Bibliography lists 5 sources.
Filename: SA445SCU.rtf
AN EXAMINATION OF BANKRUPTCY ISSUES
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This 3-page paper explains two questions about bankruptcy, one dealing with an involuntary bankrtupcy petition and the other with a Chapter 11 filing. Bibliography lists 2 sources.
Filename: MTbankexam.rtf
Another Look at “Trial Techniques”
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This 3 page paper discusses additional chapters in the book “Fundamentals of Trial Techniques.” There is 1 source listed in the bibliography.
Filename: HVTriTk2.rtf
Are Mandatory Sentences Justified in English Criminal Law
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This 8 page paper considers if there is any justification for mandatory sentencing in the English criminal law, the paper considers this from the perceptive of increased justice, increased efficiency and social interests. The bibliography cites 4 sources.
Filename: TEsentcg.rtf
Argument: We Should Reduce the Use of Plea Bargaining
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This 3 page paper discusses how plea bargains work, argues that plea bargaining should be reduced or eliminated, and gives an example of someone wrongfully convicted in a plea bargain. Bibliography lists 3 sources.
Filename: HVNoPlea.rtf
Arguments For and Against Tort Reform
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This 5 page report discusses the issues
associated with tort reform, the Bush Administration’s perspective on the topic, and the
people and groups who both support and oppose reform. Bibliography lists 7 sources.
Filename: BWtortre.rtf
Attorney-Client Privilege
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An 8 page paper on the adversary system and issues concerning attorney-client privilege. Writer analyzes both sides of the resulting controversy. Bibliography lists 3 sources.
Filename: Attorcli.wps