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Papers On Litigation, The Courtroom & The Trial System
Page 7 of 19
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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
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
Eviction Proceedings in Tennessee
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An 8 page paper presenting a hypothetical court case, description of court room proceedings and an analysis of why the court proceedings progressed in the manner they did. The case is one of eviction, conducted under the laws of Tennessee. Tennessee is a subscriber to the Uniform Residential Landlord and Tenant Act (ULTRA), and further specifies in specific state law the rights and responsibilities of both landlords and tenants. Bibliography lists 5 sources.
Filename: KSlawEvictTN.rtf
Executive Privilege
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A 17 page paper discussing the subject of executive privilege. This presidential issue has been involved in much controversy as of late, in relationship to President Clinton, which is addressed further on in the paper. The first section illustrates some of the specifics regarding executive privilege, including the history and constitutionality of the issue. This section is followed by a section discussing executive privilege and President Nixon. A brief discussion of the Reagan administration is also included which illustrates how some presidents actively refuse the privileges granted them. This is followed by the section discussing Clinton and present day proceedings and attitudes. Bibliography lists 9 sources.
Filename: Execpriv.wps
Eye Witness Testimony and In-Court Identification
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A 5 page argument as to the admissibility of various forms in-court identification. The author presents a fictional scenario in which this admissibility is questioned. Actual cases are used to illustrate why in-court identification in this case is warranted. Bibliography lists 5 sources.
Filename: PPlwWitn.rtf
Eyewitness Testimony And Recovered Memories: Can We Trust Them?
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3 pages in length. Children play an entertaining game of telephone operator, where one child whispers a short story to the next child in line, who then whispers the story – to the best of his or her recollection – to the third child in line. When the last child finally receives the story, it has typically been modified so drastically from the original version that it is wholly unrecognizable, a phenomenon of human nature that speaks to the differing perspectives any two people might have of a single situation. The same holds true with relying upon eyewitness testimony and recovered memories as being concrete evidence in legal proceedings. Bibliography lists 2 sources.
Filename: TLCEyeWt.rtf
F. Lee Bailey's "The Defense Never Rests'
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In 6 pages the author discusses the book "The Defense Never Rests" by F. Lee Bailey. Some specific cases are discussed and the author attempts to pronounce what Bailey was trying say in his writing of this book. The questions of whether the author accomplished what he set out to do and whether his plan of action is agreed with are answered.
Filename: Flbailey.wps
Fault & No-Fault Divorce / Family Law In The 90s
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A 10 page paper that provides an overview of the legal issues related to no-fault divorce, and considers the existing elements of debate that have resulted from a renewed focus on fault-only divorce laws. Bibliography lists 8 sources.
Filename: Divorce.wps
Gilmer v. Interstate/Johnson Lane Corporation
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The Federal Arbitration Act is discussed in this 3 page paper. Gilmer v. Interstate/Johnson Lane Corp is the focus of this paper. How the case changed the meaning of the act is addressed. Bibliography lists 5 sources.
Filename: SA724Gil.rtf
Grand Juries
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An 8 page research paper which examines the early history of the grand jury system, specifically how it evolved in England; and then looks at how the grand jury is perceived today in our modern system. The writer gives an overview of grand jury procedures and then discusses the controversy which has raged for years as to whether or not it should be continued. Bibliography lists 10 sources.
Filename: Granjury.wps