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Papers On Litigation, The Courtroom & The Trial System
Page 7 of 21
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Criminal Mischief
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This 8 page paper examines the concept of criminal mischief and how it plays out around the world and in various states. New York is highlighted and other states and nations are mentioned. Bibliography lists 10 sources.
Filename: SA417NY.rtf
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: KSlawDarbGaz2.rtf
Dividing Fences Act 1953 and the Case of Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31
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This 6 page Australian law paper is written in two parts. The first part examines the way in which the Queensland Dividing Fences Act 1953 can be applied to a property where there is no boundary fence. The second part of the paper summarises the judgment in the case of Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 concerning the breach Section 52(1) of the Trade Practices Act (Cth)and then looks at how this has been applied to later cases. The bibliography cites 6 sources.
Filename: TEfencecase.rtf
DNA Evidence and the Daubert Test
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This 4 page paper examines a case in which DNA evidence helped obtain a conviction, and discusses whether or not that evidence passes the Daubert test. Bibliography lists 3 sources
Filename: HVDaubrt.rtf
Do Lawyers Operate In The Public Interest?
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This 28 page paper sets out to consider the proposition that lawyer operate in the public interest. The paper starts this by defining the role of the lawyer, which includes the UK definitions of both barristers and solicitors. Following this the meaning of public interest is discussed with reference to different perspectives, and the manifestation of the way law seeks to serve the public interest is examined, with the theories of Devlin and Hart. The final part of the paper then considers how public interest is served with the examination of a well known case where public interests were of paramount importance; the extradition proceeding of General Pinochet, a case where it is often assumed that public interests were not served. The bibliography cites 20 sources.
Filename: TElawyers.rtf
Due Process
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Approximately 5 pages in length. Discusses the background and purpose of due process laws with a focus on trends during the early 1990's. Emphasis is upon the case of Bostick v. Florida. Bibliography lists 5 sources.
Filename: Dueproce.wps
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
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
Eric Schlosser’s “A Grief Like No Other”
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This 5 page report
discusses the 1997 article written by Eric Schlosser about murder
in America. He wraps his story around the murder of Terri Smith
by Gary Rawlings in 1987 and how events unfolded regarding the
criminal justice system and the disservice done to families of
murder victims. Bibliography lists only the primary source.
Filename: BWschlos.wps
Essential Elements Of Contracts
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A 5 page paper that highlights the categories of contracts and discusses terms and references applicable laws in regards to those categories. Categories/clauses include: offer/acceptance and problem areas, special considerations, termination statements and problem areas, and signatures. Bibliography lists 3 sources.
Filename: Contrac2.wps
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