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Papers On Litigation, The Courtroom & The Trial System
Page 7 of 14
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Jury Deliberation and Factors Affecting the Deliberation Process
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A 15 page overview of the many factors that can affect the deliberative process and the consequent verdict. A particular emphasis is placed on the importance of "decision rules" that determine whether a unanimous decision is necessary and on the personality of particular jurors and other trial players. Bibliography lists 5 sources.
Filename: PPjury.rtf
Jury Duty Aversion
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A 12 page research paper that examines and discusses various aspects of a hypothetical research study proposal to investigate why people wish to avoid jury duty. Bibliography lists 10 sources.
Filename: khjurydt.rtf
Jury Incompetence and Misconduct
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This 5 page paper examines four cases where jury decisions were overturned by the court. The reasons are numerous but involve either misconduct or the incompetence of the jury. Bibliography lists 5 sources.
Filename: SA516jrr.rtf
Jury Nullification
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This 10 page paper addresses the problem of jury nullification and focuses on a 1998 article which appeared in the Spectator. The premise that nullification is acceptable is argued with the support of other articles. Examples are provided and the O.J. Simpson case is referenced several times. Bibliography lists 4 sources.
Filename: Sa278crm.wps
Justice in the Military Courtroom
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This 8 page paper delves into cases involving minorities in military courts. The idea that racism is prevalent in both military and civilian courts is established. Specific cases are discussed. Bibliography lists 6 sources.
Filename: SA347mj.rtf
Justice William Brennan, Edwin Meese, and the Constitution in the Case of Nancy Cruzan
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This 5 page report discusses the attitudes and opinions of the late Supreme Court Justice William Brennan and the former U.S. Attorney General Edwin Meese in regard to the right-to-die question involving Nancy Beth Cruzan in 1990. The Supreme Court affirmed the Missouri Supreme Court's decision that there was no clear and convincing evidence of Nancy Cruzan's desire to have life-sustaining treatment withdrawn under such circumstances, and that her parents lacked the authority to actualize such a request. Bibliography lists 7 sources.
Filename: BWbrenn.wps
Juvenile And Adult Court: Comparison
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8 pages in length. Juveniles have historically found protection under the law with regard to being tried as adults when they have committed adult crimes. Contemporary society, however, witnessed a significant change in attitude toward some offenses whereby juveniles now can be tried - and convicted - as an adult. The extent to which the justice system has historically provided juveniles with a much lighter punishment for an offense that would otherwise earn an adult a severe sentence is both grand and far-reaching; that such variables as age and offense determine how and where a juvenile is tried speaks to what many believe to be a miscarriage of justice when youthful offenders know the difference between right and wrong even if they are minors. Bibliography lists 7 sources.
Filename: TLCJuvAdltCrt.rtf
Juveniles & Trial by Jury
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A 4 page research paper that discusses whether or not juvenile defendants should have the right to trial by jury. Bibliography lists 3 sources.
Filename: khjjury.rtf
Knowledge and its relation to Tort Liability, Risks of Injury, and the
Legal Obligation and the Defenses to Negligence
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It is often contended that tort liability, risks of injury and the legal obligations and the defenses to negligence in sports are predicated on "knowledge". This paper provides a 10 page overview of tort law. The author defines tort law and provides numerous hypothetical examples designed to illustrate the points of negligence, intent, consent, and knowledge. Bibliography lists 3 sources.
Filename: PPtortLi.wps
Ladies & Gentlemen of the Jury, I Present…the Nursing Documentation
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A 3 page summary of the article Ladies & Gentlemen of the Jury, I Present….the Nursing Documentation by Sally Austin. No additional sources cited.
Filename: RAnr.rtf
Lawyer Malpractice And Lawyer Malpractice Insurance
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20 pages in length. Although one might duly expect one's lawyer to be forthright and principled in his/her approach to law, this is unfortunately not always the case. Sometimes unintentionally negligent while other times malicious in intent, attorneys are fallible human beings like everyone else in all other sectors of commerce; just because they get paid to uphold the law does not mean they always do. The extent to which lawyers breach their ethical and/or legal oath is wholly dependent upon the state and circumstances; with America's recognized disdain for law professionals, it is no wonder why there is such a need for attorneys to carry malpractice insurance. Bibliography lists 12 sources.
Filename: TLCLawMalp.rtf
Lawyer's Workday
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4 pages in length. This lawyer's area of law defending the homeless, a population of people who are often denied their inherent rights because of their economic and residential situation. Also known as a street lawyer to industry insiders, this type of lawyer spends most of his time sifting through mounds of paperwork in order to process claims for his clients for any number of reasons: divorce, alimony, unlawful eviction, denied insurance claims and just about any other situation where they were either taken advantage of or unable to achieve without legal assistance. Indeed, this is not a sector of law that pays anything close to the worth of its merit; rather, it is more of a labor of love that this lawyer takes on such cases for no money upfront and eight percent less of a fee (25% versus the standard 33%) only after funds have been recovered. No bibliography.
Filename: TLCLawyerWD.rtf
Legal Brief / U.S. Supreme Court Decision # 6
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Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889, Argued in 1968. Primary arugemnt in this case concerns probable cause and search/seziure, 4th amendement issues, etc;
Filename: Sct2.wps
Legal Decision-Making Styles
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A 3 page paper discussing the adversarial style of the American justice system and musing under which judicial decision-making system the writer would prefer to be judged if charged – but innocent of – a serious felony crime. The accused should prefer rule utilitarianism if innocent, probably a teleological or deontological perspective if guilty. Bibliography lists 3 sources.
Filename: KSlawDecStyl.rtf
Legal Issues for Riordan and Kudler
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A 4 page paper assessing the approach of two virtual companies to the legal matters that arise as a course of business. Riordan Manufacturing's approach is efficient and effective; Kudler's is not. Bibliography lists 2 sources.
Filename: KSlawRioKud.rtf
Legal Malpractice Case
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This seven page paper is based on a fictitious case study provided by the student. An employee is injured while working for employer and hires a lawyer to sue the employer. The employer makes a settlement offer, which the lawyer does not communicate to the employee. Subsequently the employee loses the court case and gains no compensation. This paper considers the situation where the employee is taking action against the lawyer for negligence in failing to communicate the settlement offer. The paper presents advice for the lawyer and for the employee as well as considering the fiduciary relationship. The paper is written with reference to US law. The bibliography cites 7 sources.
Filename: TEmalpract.rtf
Legal Precedents and Illegal Proceedings
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This 5 page paper gives four examples where improper procedures, not lack of evidence, ruined a case, and whether the arguments used were correct. Bibliography lists 3 sources.
Filename: HVLegPrc.rtf