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Papers On Litigation, The Courtroom & The Trial System
Page 9 of 19
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Jury Awards are Out of Control
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This 3 page paper focuses on tort reform, the power of the judge to overturn awards and the role of the jury. Examples are provided as a look is taken at excessive jury awards.
Bibliography lists 2 sources.
Filename: SA541trt.rtf
Jury by Trial Under Threat
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A 5 page paper which discusses jury by trial and the fact
that the current government is threatening this fundamental process. The paper argues that
the country should not embrace the government's proposals and that the legal system is
more effective with the jury system than without it. Bibliography lists 3 sources.
Filename: RAjury.wps
Jury Deliberation and Factors Affecting the Deliberation Process
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A 15 page overview of the many factors that can affect the deliberative process and the consequent verdict. A particular emphasis is placed on the importance of "decision rules" that determine whether a unanimous decision is necessary and on the personality of particular jurors and other trial players. Bibliography lists 5 sources.
Filename: PPjury.rtf
Jury Incompetence and Misconduct
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This 5 page paper examines four cases where jury decisions were overturned by the court. The reasons are numerous but involve either misconduct or the incompetence of the jury. Bibliography lists 5 sources.
Filename: SA516jrr.rtf
Jury Nullification
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This 10 page paper addresses the problem of jury nullification and focuses on a 1998 article which appeared in the Spectator. The premise that nullification is acceptable is argued with the support of other articles. Examples are provided and the O.J. Simpson case is referenced several times. Bibliography lists 4 sources.
Filename: Sa278crm.wps
Justice in the Military Courtroom
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This 8 page paper delves into cases involving minorities in military courts. The idea that racism is prevalent in both military and civilian courts is established. Specific cases are discussed. Bibliography lists 6 sources.
Filename: SA347mj.rtf
Justice William Brennan, Edwin Meese, and the Constitution in the Case of Nancy Cruzan
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This 5 page report discusses the attitudes and opinions of the late Supreme Court Justice William Brennan and the former U.S. Attorney General Edwin Meese in regard to the right-to-die question involving Nancy Beth Cruzan in 1990. The Supreme Court affirmed the Missouri Supreme Court's decision that there was no clear and convincing evidence of Nancy Cruzan's desire to have life-sustaining treatment withdrawn under such circumstances, and that her parents lacked the authority to actualize such a request. Bibliography lists 7 sources.
Filename: BWbrenn.wps
Juveniles & Trial by Jury
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A 4 page research paper that discusses whether or not juvenile defendants should have the right to trial by jury. Bibliography lists 3 sources.
Filename: khjjury.rtf
Knowledge and its relation to Tort Liability, Risks of Injury, and the
Legal Obligation and the Defenses to Negligence
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It is often contended that tort liability, risks of injury and the legal obligations and the defenses to negligence in sports are predicated on "knowledge". This paper provides a 10 page overview of tort law. The author defines tort law and provides numerous hypothetical examples designed to illustrate the points of negligence, intent, consent, and knowledge. Bibliography lists 3 sources.
Filename: PPtortLi.wps
Lawyer Malpractice And Lawyer Malpractice Insurance
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20 pages in length. Although one might duly expect one's lawyer to be forthright and principled in his/her approach to law, this is unfortunately not always the case. Sometimes unintentionally negligent while other times malicious in intent, attorneys are fallible human beings like everyone else in all other sectors of commerce; just because they get paid to uphold the law does not mean they always do. The extent to which lawyers breach their ethical and/or legal oath is wholly dependent upon the state and circumstances; with America's recognized disdain for law professionals, it is no wonder why there is such a need for attorneys to carry malpractice insurance. Bibliography lists 12 sources.
Filename: TLCLawMalp.rtf
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