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Papers On Litigation, The Courtroom & The Trial System
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Criminal Liability & Defenses
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3 pages worth of short essays analyzing and responding to specific textbook cases involving Defenses to Criminal Liability : Excuses. Writer takes the role of both a public defendant and prosecutor. No Bibliography. Please write for more information.
Filename: Crimessa.wps

Criminal Mischief
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This 8 page paper examines the concept of criminal mischief and how it plays out around the world and in various states. New York is highlighted and other states and nations are mentioned. Bibliography lists 10 sources.
Filename: SA417NY.rtf

Darby's Gazebo
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A 3 page paper arguing the position of Percy in discussing the fictional case of Darby, Percy and Darby's gazebo. Darby agreed to sell the gazebo to Percy but has not; Percy has filed a lawsuit and seeks for Darby to be court-ordered the dismantle, relocate and reassemble the gazebo on Percy's property, requesting specific performance of the court. Bibliography lists 3 sources.
Filename: KSlawDarbGaz2.rtf

Did Bradwyn Intend to Escape?
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A 4 page paper providing two persuasive theories addressing circumstances in which a prison inmate was found. Mr. Bradwyn did not escape from the prison building, but he was charged with escape on the grounds that he was in an area that was off limits after hours. The paper provides persuasive theories in support of Mr. Bradwyn and in support of the charge of escape. Bibliography lists 1 source.
Filename: KSlawBradwyn.rtf

Disparities & Discrimination in Criminal Justice
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A 4 page research paper that discusses the relationship between disparities between statistics pertaining to criminal justice and discrimination. The writer argues that a disparity between ethnic groups that is disproportionate to the percentage that the group holds within the overall population is highly suggestive of discriminatory practice on the part of the criminal justice system. Examination of empirical research, both having to do with the trial system and police procedures, indicates that this is, indeed, the case and discrimination does exist in the American justice system, despite the numerous laws prohibiting such practices. Bibliography lists 2 sources.
Filename: khdisdis.rtf

Dividing Fences Act 1953 and the Case of Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31
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This 6 page Australian law paper is written in two parts. The first part examines the way in which the Queensland Dividing Fences Act 1953 can be applied to a property where there is no boundary fence. The second part of the paper summarises the judgment in the case of Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 concerning the breach Section 52(1) of the Trade Practices Act (Cth)and then looks at how this has been applied to later cases. The bibliography cites 6 sources.
Filename: TEfencecase.rtf

DNA Evidence and the Daubert Test
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This 4 page paper examines a case in which DNA evidence helped obtain a conviction, and discusses whether or not that evidence passes the Daubert test. Bibliography lists 3 sources
Filename: HVDaubrt.rtf

Do Lawyers Operate In The Public Interest?
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This 28 page paper sets out to consider the proposition that lawyer operate in the public interest. The paper starts this by defining the role of the lawyer, which includes the UK definitions of both barristers and solicitors. Following this the meaning of public interest is discussed with reference to different perspectives, and the manifestation of the way law seeks to serve the public interest is examined, with the theories of Devlin and Hart. The final part of the paper then considers how public interest is served with the examination of a well known case where public interests were of paramount importance; the extradition proceeding of General Pinochet, a case where it is often assumed that public interests were not served. The bibliography cites 20 sources.
Filename: TElawyers.rtf

Does The High Profile Status Of A Criminal Case Affect Investigators' Decisions?
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5 pages in length. Media coverage has historically proven to be both a blessing and a curse where the judicial system is concerned. The extent to which print, radio and television reporting serve to inform the public as the trial progresses is both grand and far-reaching; that a fine line separates the beneficial element of such coverage from the one detrimental to investigators' decisions speaks to the inherent disadvantage to a criminal case having a high profile status. Bibliography lists 6 sources.
Filename: TLCCrimHiProf.rtf

Due Process
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Approximately 5 pages in length. Discusses the background and purpose of due process laws with a focus on trends during the early 1990's. Emphasis is upon the case of Bostick v. Florida. Bibliography lists 5 sources.
Filename: Dueproce.wps

Due Process of Law
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A 10 page paper on due process of law under Miranda and Gideon as they apply to Fifth and Fouteenth Amendment Constitutional rights re equity in right to counsel. The paper argues in defense of these rights by providing opposing arguments and making a strong argument in support of continued protection of equitable rights for individuals. The argument relies on these cases and Constitutional law in relationship to the due process procedures defined by these cases. Bibliography lists 8 sources.
Filename: Dueprlaw.wps

Dying Declarations and the Hearsay Rule
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A 20 page discussion of the exception to the hearsay rule offered for dying exceptions. Defines hearsay and the conditions under which dying declarations are admittable into a court of law under Federal law. Outlines the Western view that these declarations are inherently truthful due to an underlying fear of divine punishment. Discusses the variables which enter into the validity of these dying declarations including a person physical and mental status at the time they are issued. Questions the validity of dying declarations and the appropriateness of their use. Bibliography lists 8 sources.
Filename: PPhearsa.wps

Eric Schlosser’s “A Grief Like No Other”
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This 5 page report discusses the 1997 article written by Eric Schlosser about murder in America. He wraps his story around the murder of Terri Smith by Gary Rawlings in 1987 and how events unfolded regarding the criminal justice system and the disservice done to families of murder victims. Bibliography lists only the primary source.
Filename: BWschlos.wps

Essential Elements Of Contracts
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A 5 page paper that highlights the categories of contracts and discusses terms and references applicable laws in regards to those categories. Categories/clauses include: offer/acceptance and problem areas, special considerations, termination statements and problem areas, and signatures. Bibliography lists 3 sources.
Filename: Contrac2.wps

Eviction Proceedings in Tennessee
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An 8 page paper presenting a hypothetical court case, description of court room proceedings and an analysis of why the court proceedings progressed in the manner they did. The case is one of eviction, conducted under the laws of Tennessee. Tennessee is a subscriber to the Uniform Residential Landlord and Tenant Act (ULTRA), and further specifies in specific state law the rights and responsibilities of both landlords and tenants. Bibliography lists 5 sources.
Filename: KSlawEvictTN.rtf

Executive Privilege
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A 17 page paper discussing the subject of executive privilege. This presidential issue has been involved in much controversy as of late, in relationship to President Clinton, which is addressed further on in the paper. The first section illustrates some of the specifics regarding executive privilege, including the history and constitutionality of the issue. This section is followed by a section discussing executive privilege and President Nixon. A brief discussion of the Reagan administration is also included which illustrates how some presidents actively refuse the privileges granted them. This is followed by the section discussing Clinton and present day proceedings and attitudes. Bibliography lists 9 sources.
Filename: Execpriv.wps

Eye Witness Testimony and In-Court Identification
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A 5 page argument as to the admissibility of various forms in-court identification. The author presents a fictional scenario in which this admissibility is questioned. Actual cases are used to illustrate why in-court identification in this case is warranted. Bibliography lists 5 sources.
Filename: PPlwWitn.rtf


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