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Papers On Litigation, The Courtroom & The Trial System
Page 9 of 15

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Litigation: When ADR Does Not Resolve The Situation
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4 pages in length. For eighty percent of the cases brought before mediators under the auspices of Alternative Dispute Resolution (ADR), the ability for a positive, mutually workable outcome for all parties involved precludes the need for the more time consuming and costly aspects of litigation; for the other twenty percent, formal litigation is typically the next step for resolution. Bibliography lists 2 sources.
Filename: TLCLitigADR.rtf

Lochner v. New York
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A 5 page paper which discusses the values and principles of Lochner v. New York and also examines how this case relates to a few other law cases since. This was a case which dealt with issues involving worker's rights in relationship to the amount of hours that an employee could work when concerning an agreement between an employer and employee. It addressed how much input or influence the government or the state had in relationship to such arrangements. Bibliography lists 3 sources.
Filename: Ralochn.wps

MALPRACTICE AND CONNECTICUT
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This 5-page paper, using Werth's "Damages" book as a jumping-off point, studies the tort system as it pertains to medical malpractice and other litigation. The questions answered include what it would take to try to reduce the liability of the system. Bibliography lists 3 sources.
Filename: MTmalcon.rtf

MALPRACTICE AND IMPACT ON MEDICAL PRACTICE
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This 14-page paper focuses on the topic of malpractice costs, insurance, and its impact on physicians and patients. The paper discusses two issues: first, if there is a malpractice crisis and second, if tort reform will fix it. Bibliography lists 7 sources.
Filename: MTmalpra.rtf

Massachusetts 209A and the Case of Anna Fogerty
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Legal analysis covering the Massachusetts 209A protective order in regard to a fictitious client (Fogerty), exploring the ideas and concepts of Marx, Weber, Durkheim, Giddens, Sutton, Robert M. Emerson, Brantlinger, and others exploring the issue of domestic violence. This is an argumentative paper positing that Fogerty is discriminiated against by the Mass. law because she is upper middle class white. 12 references. jvWWomnL.rtf
Filename: jvWWomnL.rtf

Mediation in family law cases
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A paper which considers the ways in which mediation and other forms of alternative dispute resolution might be more appropriate in family law cases than litigation, and looks at the relative advantages and disadvantages of both processes. Bibliography lists 4 sources
Filename: JLfamlaw.rtf

Medical Law/5 Questions
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A 20 page research paper that answers 5 questions pertaining to medical ethics and medical law. Topics covered include ERISA tort cases; handling of ethical situations, such as a patient choosing to forego life-saving procedures; and malpractice cases. Bibliography lists 11 sources.
Filename: khmedlaw.rtf

Mentally Ill & Punishment
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A 3 page research paper/essay that examines the rationale behind punishment within the legal system and how this rationale applies to the mentally ill. In the United States system of jurisprudence, a person may not be held accountable for illegal actions that the individual commits if it can be determined that this person is mentally ill to the point that he or she can be determined to be legally incompetent of standing trial. Bibliography lists 2 sources.
Filename: khpunill.rtf

Microsoft Antitrust Case - Issues, Laws And Outcome
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This 8 page paper provides an overview of the Microsoft antitrust case. A timeline outlines the most important parts of the case. The issues are explained. The pertinent sections of the Sherman Antitrust Act that applied to the case are reported. The writer also comments on the ethical issues involved. Bibliography lists 6 sources.
Filename: PGmsant3.rtf

Minorities in the Legal Profession
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This 4 page paper evaluates why there are few minorities represented in the legal profession. Some statistics are provided. The peremptory challenge as a way to promote white juries is also discussed. Bibliography lists 2 sources.
Filename: SA503law.rtf

Miranda v. Arizona (1966): Just in all Cases?
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A 4 page exploration of this critical case. The author contends that the overall good that is accomplished by the Miranda requirement outweighs the fact that occasionally criminals escape prosecution because they were not read their rights at the time of apprehension and arrest. Bibliography lists 3 sources.
Filename: PPlwMir2.rtf

Mock Juries / Pros and Cons
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12 pages in length. A jury's verdict can be the difference between life and death for the person on trial. Filling the jury box is no guessing game, especially with the advent of mock -- or shadow -- juries, a group of people who play out the trial before it actually begins. The writer gives an overview of the duties of a juror, as well as addresses both the pros and cons of employing the mock jury system.
Filename: Mockjury.wps

Modern Law and the Case of Ruxley Electronics;
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This 6 page paper considers the case of Ruxley Electronics and Construction Ltd v Forsyth in the context of its' precedent being representative of modern law. The case is examined in the context its' interpretation of the award of damages being granted in line with a pleasurable contract and limited in terms of the damages awarded despite the breach of express condition. The paper cites many cases to illustrate the points raised. The bibliography cites 10 sources.
Filename: TEruxley.wps

New Jersey State Law: A Case Study
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9 pages in length. In this interesting case study about Barkin's Beef and Brew, questions are raised as to who is responsible when a patron consumes too much alcohol and then leaves the premises and is charged with fighting and cutting a man with a knife. This is intended as a legal brief being presented to the student's legal firm in which the firm is presenting the client who was attacked at knifepoint by the drunken man. By raising the appropriate legal questions and comparing them to New Jersey State Statutes, it is intended to arrive at a satisfactory answer within the confines of legality in the New Jersey legal system. Bibliography lists 8 sources.
Filename: JGAnjstl.wps

Nonverbal Communication and Graphics in the Courtroom
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This 7 page paper looks at both techniques and suggests that each should be used dependent on the type of case. A testable hypothesis is discussed. Bibliography lists 5 sources.
Filename: SA128law.rtf

Our Right To An Attorney / Gideon v. Wainwright
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A 5 page paper on the original "right to an attorney" case, which brought up the issues for application to Miranda, ethnicity fairness issues, and prisoner litigation issues in the criminal justice system today. The paper posits that the success of Clarence Gideon must be defended as a means of protection for all U.S. citizens. Bibliography lists 8 sources.
Filename: Gidewain.wps


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