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Papers On Litigation, The Courtroom & The Trial System
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Charles Manson: Chronological Events and the Tate-LaBianca Murder Trial
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This is a 5 page paper describing the chronological events in the life and trial of Charles Manson. Detail of the trial is included. The chronology of events and the life of Charles Manson which led to his eventual trial and conviction for the Tate-LaBianca murders is one of crime, psychological disorders and the establishment of his “Family”. Manson had lived his life mostly within the prison system until his release in 1967 and the establishment of his group of followers called “The Family”. In August 1969, Manson and Family members murdered five people at the Tate household and two at the LaBianca household. In 1970, their trial lasted nine months which included testimony which proved to be more shocking than the murders themselves. Manson and the other three members on trial were eventually found guilty of first-degree murder. Charles Manson is still in prison and was been denied his tenth parole hearing in April 2002.
Bibliography lists 1 source.
Filename: TJCMans1.rtf
Child Sex Abuse Claims / Techniques for Assessing Validity
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A 12 page paper in which the writer posits that while many child sex abuse claims are very true, some are indeed very false. Assessed are the various methodologies for determining the accuracy of statements made about such abuses by children, the existing laws concerning child testimony in court, and the psychological factors which may actually cause delusions of child abuse. Bibliography lists 9 sources.
Filename: Childsex.wps
Children's Rights in the UK
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This 10 page paper considers the way in which the rights of children have developed and how they are determined. The paper includes discussion of the Gillick Case, as well as the Children's Act 1989 and subsequent acts and measure including those of the United Nations. The bibliography cites 6 sources.
Filename: TEchildl.wps
Class Action Lawsuits: Various Companies
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10 pages in length. The writer discusses class action lawsuits as they relate to AOL, CMGI, InfoSpace, ARIBA, Exodus Communications, WorldCom, Oracle, Cisco Systems, Qualcomm, United States Interactive, NY Railroad, Puma Technologies, Infoseek, Amazon, Advanced Viral Research, Celera Genomics, Genome Therapeutics and JDS Uniphase. No bibliography.
Filename: TLCClsAc.rtf
Closing Argument for a Capital Case
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This 4 page paper examines a case study submitted by a student and presents an argument that a prosecutor might use to convict two men for the crime. The case involves cannibalism under unique circumstances. No bibliography.
Filename: SA415ccc.rtf
Commercial Law Questions
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This 20 page law paper, based on English law, is written in three parts, answering three separate questions on contract law, agency and insolvency law. The first question looks at liability and the extent of liability under contract law where a product supplied causes damage to a customers property. The damage is the result of a faulty ingredient supplied by a wholesaler to the supplier. The second questions considers the rights of agents when an agency is terminated under the Commercial Agents (Council Directive) Regulations 1993 and under common law. The third question consider how a supplier can ensure they receive payment form a customer if they are concerned the customer may default. The bibliography cites 21 sources.
Filename: TElawqcon.rtf
Commonwealth vs. Tracy L. Prashaw
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This 3 page paper provides the facts of this case and a look at the reasoning for the judge's decision. The case involves evidence rules.
Bibliography lists 2 sources.
Filename: SA430TLP.rtf
Constructive Eviction in the State of New York -- Incidental and
Consequential Damages
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This 3 page report discusses the meaning
of “constructive eviction” in the State of New York and the
circumstances under which incidental or consequential damages may
be available. In the most simplistic of explanations:
“Constructive eviction occurs when residential rental property is
an uninhabitable condition. The uninhabitable condition makes the
property unsuitable to live [or work] in.” Bibliography lists 6
sources.
Filename: BWevict.wps
Contingent-Fee Arrangement Versus "Loser Pays"
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5 pages in length. The American public cannot watch late-night television without being overwhelmed with a barrage of legal counsel commercials advertising their contingent-fee agreement; for a large chunk of the plaintiff's settlement - anywhere from twenty-five to fifty percent - the company will represent that individual for no upfront costs. While logic says an attorney would never take a case on contingency unless he or she knew the odds were very much in the plaintiff's favor to emerge with a victorious ruling, this is not always foolproof for the legal counsel when they realize - after investing considerable time and money out of their own pockets - that the case is far from solid. By contrast, a system whereby the loser covers all costs from both sides can either benefit or damage the defendant if the plaintiff has a better attorney and earns the decision in a case whereby the defendant was not guilty of any wrongdoing. Indeed, the prevalence of people being ruled against simply because the opposing side was more effective with identifying loopholes in the system illustrates how there are still some aspects of law that fails to serve and protect the innocent. Bibliography lists 3 sources.
Filename: TLCContingent.rtf
Contract Law
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A 3 page paper that begins with a brief scenario of a hypothetical breach of contract lawsuit. The writer provides reasons for the court to rule in favor of the claimant, who was the purchaser of a gazebo. Three other court cases are used to justify the claim. Bibliography lists 3 sources.
Filename: PGgzlaw.RTF
Contract Law; Have Contract Terms Been Breached?
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This 6 page paper looks at a case where a newspaper advertisement is placed advertising facilities for a hotel that are not available when the guest arrive and a price that is lower than the price charged. The paper looks at whether the advisement is a offer or an invitation to treat, and then at if the promises in the ads are terms or mere representations. The paper is written with reference to English law. The bibliography cites 5 sources.
Filename: TEinvtreat.rtf
Contract to Purchase
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A 7 page paper discussing the situation in which Betsy
Ross has purchased (and paid in full in cash) a painting for sale at an antique shop. She
asked the shop owner to repair a small tear in the painting as she looked on; they both
became aware of some paper folded into the item, hidden within the frame behind the
painting. That paper appears to be a draft of the Declaration of Independence, written in
Thomas Jefferson's own hand. The shop owner no longer wants to sell the item for the
stated price and has offered to refund Ms. Ross' cash payment of $150. On her refusal,
the shop owner refused to relinquish the painting and all items associated with it. The
paper is a chronology of Ms. Ross' attorney's actions and rationale for them. Bibliography
lists 5 sources.
Filename: KScontractPurch.wps
Contracts
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A 5 page paper that specifies some of the main areas to consider in contract negotiation, including contingency areas. Subjects covered include the offer, assent, time specifications, nonperformance, termination and renegotiation clauses. No bibliography.
Filename: Contract.wps
Corruption in the Courts
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This 10 page paper looks at abuse of power and evidence tampering. Several famous cases are used for illustrative purposes such as the trials involving Rubin 'Hurricane' Carter, O.J. Simpson and Mumia Abu-Jamal. The Bill Clinton hearing is also referenced. Details of these cases, in terms of evidence and abuse of power, are duly noted. Bibliography lists 7 sources.
Filename: SA015Crt.rtf
Court of Equity and Court of Law
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This 5 page report discusses a
fictional circumstance in which two landowners with adjoining
commercial property find that one has inadvertently built a
commercial building on his property that actually extends into
the other landowner’s property. Because of the extension, the
second property holder does not have a lot big enough to build
his own commercial building. The lawyer for the first party is
seeking relief in a court of law knowing that remedies at law are
more stringent than in a court of equity. The second attorney is
seeking assistance to proceed in a court of equity. The
differences between “equity” and “law” are discussed and
different arguments presented. Bibliography lists 5 sources.
Filename: BWequlaw.wps
Courtroom Camera: Legal And Ethical Implications
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11 pages in length. With all the deception and ridicule surrounding the American judicial system, it would seem a good idea to open up the courtrooms across the country to show in intricate detail just how the process is achieved. After all, both the public and the system itself stand to learn quite a bit from televised trials. From a taxpayer's point of view, people have every right to know what is happening inside the very courtrooms their tax dollars furnish. Supporters of cameras contend that each citizen should have the option of seeing just what their money is paying for, as well as be privy to every minute detail that may not otherwise make it into a reporter's account of the trial. However, the question that comes immediately to the minds of many critics when the issue of courtroom cameras is broached, is what actual purpose do they serve by being there? Bibliography lists 10 sources.
Filename: TLCCrtCm.rtf
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