Papers On Litigation, The Courtroom & The Trial System
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Sentencing/Juvenile Justice System
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A 6 page research paper that presents a scenario involving a 12-year-old offender and then presents possible sentencing options. The writer argues in favor of keeping the boy in the juvenile justice system, rather than trying him as an adult. Bibliography lists 3 sources.
Filename: khjjssen.rtf
Should Defendants Be Forced To Take A Drug Test?
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3 pages in length. The debate over whether defendants should be administered a drug test prior to release is on that has seethed beneath the surface of those who, on one side, contend that doing so will only serve to increase the number destined for pre-trial detention and those on the other side who argue that just the opposite will actually occur. Despite this ongoing dispute, however, the popularity of just such a practice has steadily gained ground. Bibliography lists 4 sources.
Filename: TLCDrgTstDef.rtf
SIMA RABINOVICZ AND THE WRONG SIDE OF THE BUS
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This 4-page paper discusses the case of Sima Rabinovicz when, riding on a Monsey Trail Bus, she was asked to move her seat by Hasidic Jews who wanted to wall off part of the bus for prayer. The paper discusses the specifics of the case, the role of Jewish women (Orthodox) and whether the case was justified. Bibliography lists 2 sources
Filename: MTsimara.rtf
Sizer’s Will
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A 3 page summation of the ruling of the New York State appellate court in 1908 concerning the will of Nelson Buell Sizer. No bibliography is provided.
Filename: Khsizer.rtf
Small Claims Courts In The United States / Issues & Procedures
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A 6 page paper on small claims court. Examined are statistics concerning the number of cases tried, the procedure for filing a small claim in most states, issues, rules, loopholes, etc.; Sections also discuss which demographic groups are suing more frequently and what techniques should be established to help increase the number of inner-city minorities who exercise their right to sue when appropriate. Bibliography lists 4+ sources.
Filename: Smallcla.wps
Special Prosecutors and Presidential Powers
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A 4 page research paper on a hypothetical supreme court decision. The writer details the law regarding original jurisdiction, executive privilege, hiring and firing certain federal appointees, and suit against a president. No bibliography.
Filename: Specpros.wps
Statutory Interpretation
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This 19 page paper considers the role of statutory interpretation and the limits placed on the judiciary. Looking at a quote form Lord Diplock " When Parliament legislates to remedy what the majority of its members at the time perceive to be a defect or lacuna in the existing law (whether it be the written law enacted by existing statutes or the unwritten common law as it has been expounded by the judges in decided cases), the role of the judiciary is confined to ascertaining from the words that Parliament has approved as expressing its intention what that intention was, and to giving effect to it" the view expressed is discussed looking at the different forms of interpretation and the way the judiciary are limited or may be seen as rewriting the law. Numerous cases are cited to support all points raised. The paper is written with reference to English law. The bibliography cites 25 sources.
Filename: TEstatintp.rtf
Stephen J. Adler's "The Jury: Disorder In The Courts"
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7 pages in length. Stephen J. Adler's The Jury: Disorder in the Courts illustrates quite clearly how the American judicial system has ruptured an integral component of its allegedly fair and impartial sequence: the jury. At issue is the means by which Adler contends jurors are selected and dismissed, as well as how uneducated far too many of them are as to a given case's critical factors. In essence, Adler wrote this book in order to draw attention to how the phrase 'jury of one's peers' is often the exact opposite and how the entire process – from calling people to jury duty to finding out why jurors voted a particular way at trial's end – has trickled down to reflect a substandard representation of society as a whole. Bibliography lists 5 sources.
Filename: TLCadler.rtf
Subtleties of Legal Language
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A 4 page research paper that discusses the implications of a case. According to the majority opinion, the value of the injury suffered due to malpractice is defined as the value that can be associated with the claim as a whole, but the dissenting opinion holds that the plaintiff should be entitled to the loss that was actually sustained due to malpractice. Looking at these two statements from the viewpoint of the average reader, they seem virtually identical, but the subtle difference in wording carry tremendous import from a legal standpoint. This examination of this case demonstrates why this is so. Bibliography lists 6 sources.
Filename: khlelang.rtf
Sylvester Turner Vs. KTRK Television
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5 pages. In this Texas
court case of Sylvester Turner Vs. KTRK Television, Texas libel
laws were in question. This paper presents a detailed history of
the case and the possible effects the case could have on Texas
libel laws. After reviewing the information presented, there is
a logical conclusion presented in the summary, concluding wtih
the facts as they stand based on this case. Bibliography lists 5
sources.
Filename: JGAvktrk.wps
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