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Papers On Litigation, The Courtroom & The Trial System
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Outline for the Effect of Jury Selection and Trial Outcome
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A 4 page outline for a larger paper addressing the psychological aspects of scientific jury selection, in which attorneys seek to seat jurors likely to be sympathetic to their cause, either overtly or subconsciously. Bibliography lists 7 sources.
Filename: KSlawJurySel.rtf
Paralegals: Significant Contributions To Affordability And Accessibility Of The Legal System
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6 pages in length. In an industry famous for intimidation, paralegals represent the conduit between a wary and often legally unacquainted clientele base and the legal representatives who serve them. The extent to which paralegals have transformed an otherwise nerve-racking experience into one where clients are much more informed and at ease is both grand and far-reaching; that they comprise much more valuable abilities than mere secretarial tasks speaks to the manner by which they are the missing link in the legal system. Bibliography lists 5 sources.
Filename: TLCParalgl.rtf
Parish v Smyrnos (Analysis)
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This 7 page paper evaluates this case that took place in the Supreme Court of Victoria. The facts of the case, that involves a stalking charge where a young man paraded naked in front of a woman's window after giving her a suggestive letter, are provided. The appeal is discussed in depth. The definition of stalking is discussed as well.
No additional sources cited.
Filename: SA330PvS.rtf
Percy Wants Darby's Gazebo
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A 3 page paper 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: KSlawDarbGaz.rtf
Percy Wants 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: KSlawDarbGaz3.rtf
Phil Spector's Murder Trial: Evidence
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3 pages in length. Fame and fortune do not preclude the potential for criminal activity, even a crime as heinous as murder. Phil Spector - a celebrated music producer from the 1960s whose claim to fame includes Cher and the Ramones - has been charged with the February 3rd murder of Lana Clarkson, a struggling actress who had taken a hostess job at the House of Blues. The famous music club located on Los Angeles's Sunset Strip was where Clarkson was last seen alive after leaving with Spector in his private vehicle; they later arrived at his mansion where she was found two hours hence with a single shot to the head. Six months and myriad forms of evidence later, Spector was charged in the case; he bailed out on one million dollars bond and is scheduled for trial in September 2007. Bibliography lists 4 sources.
Filename: TLCSpector.rtf
Plea Bargaining
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This 3 page paper examines the way plea bargains are conducted, and argues that they are actually more beneficial to the plaintiff than the defendant. Bibliography lists 1 source.
Filename: HVPleBar.rtf
Plea Bargaining: Unfair Advantage For Criminals
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5 pages in length. The scenario is all too familiar: The prosecuting attorney knows he has a viable case to take to trial whereby a strong sentence will be imposed, yet he is conflicted with the peripheral - and highly influential - aspects of taxpayer costs and prison overcrowding if he take this case all the way through the system. Instead, he cuts a deal with the defense attorney's client to serve a reduced sentence in exchange for the alleged perpetrator's guilty plea. The inevitable outcome is such that the offender - who has now admitted to his crime - serves a fraction of the sentence he should have received - and even sometimes does alternative punishment outside of prison - allowing for the system to be relieved of one more inmate and the taxpayers to avoid footing the bill of a lengthy and expensive trial. But the question remains: Has justice truly been served when the criminal does not receive the appropriate sentence through the option of plea bargaining? Bibliography lists 7 sources.
Filename: TLCPleaBarg.rtf
Positive and Negative Aspects of Arbitration
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This 3 page paper looks at the concept of arbitration. The concept is defined and explored and both positive and negative aspects are discussed. Bibliography lists 3 sources.
Filename: SA345arb.rtf
Pre-Trial Identification
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(5 pp). Pre-trial identification involves both the
person and the action or supposed crime in a
criminal or civil case of law. Before any
proceedings can be done the person's true and
natural identity must be verified, and supporting
information for the proposed court solution to the
alleged crime must be in place. These factors have
been thought through to determine that fairness
occurs in the court
Bibliography lists 4 sources.
Filename: BBpretri.doc
Preliminary Rulings of the European Courts of Justice; Article 234 EC
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This 5 page paper explains Article 234 EC the tool by which the EU seek to ensure uniformity of the interpretation of EU laws. The writer explains what this article is, how it works and the impact that it has had on legal decision made within the European Union. The paper fully cites many European cases in order to emphasis the points made.
Filename: TEart234.wps
Problems in Case Management and Scheduling
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A 3 page paper discussing the advantages and disadvantages of individual and master calendar case scheduling in the court system. The case states that the scheduling system is a hybrid that has evolved over time. Though technically it may be regarded as an individual calendar system, the effect is that cases are assigned to specific courtrooms rather than to specific judges. The judges themselves rotate throughout the system and into defined categories and functions. Bibliography lists 2 sources.
Filename: KSlawCaseSch.rtf
Problems in Contract Law: Cases and Materials
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A 40 page paper which summarizes
chapters 5-13 of the textbook, "Problems in Contract Law: Cases and Materials" (Fourth
Edition) by Charles L. Knapp, Nathan M. Crystal, and Harry G. Prince. No additional
sources cited.
Filename: RAfedbook.wps
Problems in Contract Law: Chapters 2-4
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A 7 page paper which discusses various
aspects of the textbook "Problems in Contract Law: Cases and Materials," fourth edition,
by Charles L. Knapp, Nathan M. Crystal, and Harry G. Prince. The chapters discussed are
chapters 2-4. No additional sources cited.
Filename: RAfedlaws.wps
Product Liability Development
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This 3 page paper considers a case supplied by the student, where sunglasses break and a shard of glass blinds the wearer. The position of action taken under product liability laws is examined with the position in 2003 compared to that of the 1950’s and the 1970’s. The bibliography cites 1 source.
Filename: TEprolib.rtf
Promissory Estoppel
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8 pages in length. "Promissory estoppel has a dubious pedigree, moreover it is in practice almost unnecessarily." The truth of this statement speaks to an undefined area of contract law where people sue when an unenforceable contract has been breached. By showing that an individual detrimentally relied on a promise made by defendant, the plaintiff can, in theory, rely upon promissory estoppel. This approach to reclaiming unenforced contractual losses, however, is looked upon by many as a waste of time, money and effort, inasmuch as without the ability to enforce a contract, the chances of retrieving damages are quite slim depending upon one's global location. Bibliography lists 10 sources.
Filename: TLCPromE.rtf
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