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Papers On Law & Legal Systems
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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
Duty of Care
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This 10 page considers the duty of care in different instances including the duty of a land occupier and an employer. Three cases are considered, the first looks at a child trespasser that is injured on railway property, the second looks at a secretary with repetitive strain injury and the third considers a death that occurs as the result of a cable snapping on lifting equipment. The situations are each considered using relevant statutes and case law. The paper is written with reference to English Law. The bibliography cites 4 sources.
Filename: TEtrespa.rtf
Duty to Care; UK Law
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This 8 page paper considers the aspect of duty to care that was laid down by the case of Donoghue v Stevenson (1932), and considers the way in which the House of Lords made their decision in the case of X and others (minors) v Bedfordshire County Council (1995). The writer considers if the decision that was reached can be seen as beyond criticism. The bibliography cites 3 sources.
Filename: TEdutyca.rtf
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
E-Commerce and the Law
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This 12 page paper considers the risks of e-commerce identifying breach of copyright as one of the most relevant, followed by privacy concerns of employees and confidentially concerns of employers. The writer considers this from a UK legal perspective. The bibliography cites 12 sources.
Filename: TEecomnt.rtf
E-commerce Application and Law
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A 9 page paper answering 6 questions about “legal issues surrounding computer technologies and the challenges posed to Information Technology professionals by the growth of the Internet and the Web. Topics include intellectual property issues such as copyright and trademark issues, privacy, governmental regulation and ethics.” Bibliography lists 11 sources.
Filename: KSecommLegalIP.rtf
Eain v. Wilkes 641 F.2d 504
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This 3 page paper outlines the case of Ziyad Abu Eain who, using a writ of habeas corpus, sought to avoid an application for his extradition to Israel following his implication in a PLO bombing that killed 2 and injured 30; which was seen as a terrorist action. The paper outlines the case against him and the way in which the courts looked at the case with reference to the extradition treaty, the claims of insufficient evidence and attempt to use a political exemption clause. The bibliography cites 2 sources.
Filename: TEeainwlk.rtf
Early Law / The Rights Of A Patron
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A 5 page paper discussing the relationship between the Digest that was part of the Corpus Iuris Civilis ordered recorded by Emperor Justinian of the early Byzantine Empire, c. 534. Only two Articles of the body of civil law of the Empire are examined here (Articles XIV and XV), but their relationship to the evolution of the lord and serf relationship of medieval Europe is clear. Remarkably, they even retain applicability to life today. Ariticles XIV and XV address the rights of the patron and the obedience to parents and patrons required of children who were under the age of majority, which at that time was 25. Bibliography lists 1 source.
Filename: Patrons.doc
Early Legal Codes
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A 4 pages research paper that contrasts and compares various ancient legal codes that have survived to the present, specifically Aristotle's Politics, the Torah, the Code of Hammurabi and the Roman Twelve Tables. The writer argues that these legal perspectives share common themes, but evolved slowly toward less retributive measures. Bibliography lists 4 sources.
Filename: khlegcod.rtf
East Timor; Was it Genocide?
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This 8 page paper considers the definition of genocide and the events that occurred in East Timor, focusing on the post ballot period of 1999. The 1948 convention has a definition that is open to interpretation regarding issues such as intention. This paper consider how, the events may be considered as Genocide, and why the charge may be difficult to bring, epically with the additional criteria or requirements recommended by the Preparatory Commission for the International Criminal Court. The bibliography cites 10 sources.
Filename: TEgenocide.rtf
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