term papers and research reports on Litigation, The Courtroom & The Trial System

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Papers On Litigation, The Courtroom & The Trial System
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Juror Gender and Capital Punishment Propensity - A Determinate Proposal
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A 10 page paper that argues the thesis that women jurors are less likely to vote for capital punishment than are male jurors and presents a basic determinate proposal projecting results that will substantiate this claim. Discussed are the maximalist and minimalist approaches that have been taken in the study of gender differences in criminal sentencing, with emphasis being placed on the effectiveness of the minimalist approach. The proposed research involves the study of a sampling of first and second level university students and outlines the steps necessary to carry out this survey. Bibliography lists 7 sources.
Filename: LCJuror.doc

Reiman: "The Rich Get Richer"
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This 6 page paper examines Jeffrey Reiman's book, "The Rich Get Richer and the Poor Get Prison." Bibliography lists 3 sources.
Filename: HVReiman.rtf

(The) Abortion Bill
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A 6 page essay detailing the evolution of legislation concerning abortion in the mid 1990's from its initial controversy until its legal passing as a bill. Bibliography lists 9 sources.
Filename: Aborbill.wps

12 Angry Men
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3 page discussion of the classic 50's film '12 Angry Men'; an examination of the American system of trial by jury and the role that stereotypes and prejudices can ultimately play in the system. Bibliography lists 3 sources.
Filename: 12Angrym.rtf

3 Questions Pertaining To Inquiry, Evidence And Judgments
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3 pages in length. The writer briefly discusses the following: How much inquiry is enough; how do you evaluate evidence; and how do you express judgments effectively? Bibliography lists 4 sources.
Filename: TLC3LawQ.rtf

A Case for Judicial Review; Assessment and Alterantives
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This 20 page paper looks at a case study provided by the student where a dependant wife is entitled to compensation under the Trinidad and Tobago Criminal Injuries Compensation Act No 21 of 1999. The board to which the wife should submit an application has not yet been set up, despite years passing since the Act was passed. The paper considers the chances of bringing an action under the Judicial Review Act 60 of 2000. The paper makes extensive reference to Commonwealth law, specifically the UK and Australia which is influential in the area. The paper also considers a writ of Mandamus as an alterative. The bibliography cites 13 sources.
Filename: TEtrinjudrev.rtf

A Contested Will
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A 3 page essay that argues that a will that is being contested in the State of New York is legal. The writer paraphrases the appropriate statute in order to make this argument. No bibliography is offered.
Filename: khcwill.rtf

A Day in Court
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2 page essay describing two cases heard in a Central New Jersey Court; one criminal (traffic) and the other, civil. No Bibliography.
Filename: Court.wps

A Day in Court # 2
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A thorough 10 page discussion of events transpiring (from beginning to end) during an Edison (NJ) township municipal court session. Excellent for those studying criminal justice, political science, and basic law. No bibliography.
Filename: Court2.wps

A Day in Court # 3
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11 pages in length. Same as Court2.wps- only the described court session takes place in East Windsor Township (NJ) municipal court.
Filename: Court3.wps

A Day in Court # 4
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10 pages in length. Same as Court2.wps- only the described court session takes place in Union Township (NJ) Municipal court.
Filename: Court4.wps

A Day in Court # 5
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12 pages in length. Same as Court2.wps- only the described court session takes place in East Windsor Township (NJ) Municipal court and includes one chart illustrating various sentences and penalties in New Jersey.
Filename: Court5.wps

A DISCUSSION OF INTERNATIONAL ARBIRTATION
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This 20-page paper focuses on two cases of international arbitration: Eco Swiss vs. Benetton and Mitsubishi vs. Soler. The cases point up the importance of arbitrators and their knowledge of competitive law in their rulings. Bibliography lists 10 sources.
Filename: MTecoben.rtf

A Petition of a Change in the Rules of Evidence
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This 14 page paper is written as a petition to the Scottish Parliament to change the laws of evidence related to oral evidence. The petition argues that written evidence should be acceptable form witnesses and that written statement should be allowed as memory aids, under certain circumstances, to aid accuracy of information given to the court. The bibliography cites 21 sources.
Filename: TElawpet.rtf

A Response to the “Agenda for Civil Justice Reform in America”
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A 6 page overview of the issues surrounding civil litigation. Emphasizes that while it is true that excess litigation can prove a detriment to the country, there are definite needs which are not being addressed by the Civil Justice System. Uses examples from three books: Walter K. Olson’s “The Litigation Explosion”, Jonathan Harr's "A Civil Action", and Peter H. Schuck's "Agent Orange on Trial: Mass Toxic Disasters in the Courts" to illustrate the inadequacies of our civil justice system. Concludes that the civil justice system is more often an opponent of the “little guy” or the “weaker guy” than it is an advocate. Bibliography lists 4 sources.
Filename: PPcivJus.wps

A Theory of Negligence
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This 3 page paper provides an overview of the theory of negligence presented in an article by Richard Posner and the importance as it pertains to case law. This paper outlines the fundamental principles and refers to an article on the process. No sources cited.
Filename: MHNeglig.wps

ADA Case
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This 3 page paper looks at a case supplied by the student and discusses the issues. An employee feels they are being discriminated against and has a potentially string case under the Americans with Disabilities Act (ADA). However, they have signed a statement stating that they agree to use an arbitration system for the resolution of all disputes. It is not clear if this statement is part of the employment contract. The paper discusses whiter or not the employee would be able to take action through the courts.
Filename: TEadacase.rtf

Admissibility of 'Without Prejudice' Correspondences
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7 pages. Based on several court cases which are noted within this paper, the topic herein pertains to the statement that "parties should be encouraged as far as possible to settle their disputes without resort to litigation and should not be discouraged by the knowledge that anything that is said in the course of such negotiations may be used to their prejudice in the course of the proceedings" (Oliver, 306, 1984). Bibliography lists 8 sources.
Filename: JGAdsput.rtf

Admissibility of Eyewitness ID Evidence
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A 10 page research paper that discusses the reliability of eyewitness testimony. The writer offers a literature review of eyewitness and memory research that indicates that eyewitness testimony is not as reliable as it has been traditionally viewed in US jurisprudence. Bibliography lists 8 sources.
Filename: kheyewit.rtf

Adversial Process and Legal Use of Violence in the Law
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A 5 page paper which examines the effectiveness of the adversial process and the legal use of violence in the field of law. Bibliography lists 2 sources.
Filename: RA12angr.rtf

Agreement and Battle of the Forms; A Case Study
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This 18 page English law paper examines the factors that determine when an agreement is made and how the terms and condition are determined. Using a case study supplied by the student where an order is made and fulfilled with the goods are delivered as ordered with the exception of the package sizes, the writer examines if the goods can be rejected and how the battle of the forms is used to determine which terms and conditions apply to the contract. The paper makes numerous references to cases to illustrate to points raised. This paper is written with English law. The bibliography cites 20 sources.
Filename: TEbattlef.rtf

Alternative Dispute Resolution / Is It Always An Alternative ?
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A 12 page paper discussing the move from litigation to arbitration. The paper discusses what ADR is, in what circumstances it is beneficial, and in what circumstances it may not be. Biblioraphy lists 10 sources.
Filename: Arbit.wps

American Canoe Association v. Murphy Farms
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A 5 page paper discussing points of American Canoe Association v. Murphy Farms, No. 02-1501, 326 F.3d 505; 2003 U.S. App. LEXIS 7158; 56 ERC (BNA) 1545; 33 ELR 20175, 4thCir, (2003) as they relate to the Clean Water Act and to commercial swine production. The American Canoe Association, Professional Paddlesports Association and Conservation Council of North Carolina brought suit against Murphy Farms and D.M. Farms of Rose Hill, both commercial pork producers in North Carolina. Plaintiffs' complaint was that the hog farms had polluted surrounding bodies of water in violation of the Clean Water Act. The courts have agreed with plaintiffs on several points. Bibliography lists 6 sources.
Filename: KSlawMurFarm.rtf

American Justice and the Inadequacy of the Public Defense System
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This 7 page report discusses the fact that most Americans take a great deal of pride in the fact that the system of justice in the United States is the most balanced and even-handed of any judicial system in the world. However, the past several decades, if not longer, have demonstrated that it is actually the accused with the most money who has the greatest advantage in the judicial system of the United States. Bibliography lists 7 sources.
Filename: BWjud.wps

American Legal System/Evaluation
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A 5 page research paper that defends two aspects of the American legal systems, lawyers and judges, as providing value to the system in their current form. To substantiate this argument, the writer cites a case made famous by the movie "A Civil Action," Brown vs. Board of Education, and other examples. Bibliography lists 9 sources.
Filename: khamle.rtf

An Australian Overview of Tort
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This 5 page paper is an overview on Tort, the writer explains what tort is, and the three types of tort. The writer then looks at how Australian tort law is starting to differ from the form Anglo-Australian tort law. The bibliography cites 5 sources.
Filename: TEtortau.wps

An Evaluation of EEOC v. Steamship Clerks Union
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This 5 page tutorial takes a look at this case. Information about the case is relayed and alternatives for the union are recommended. This Supreme Court case involves disparate impact. Bibliography lists 5 sources.
Filename: SA445SCU.rtf

Another Look at “Trial Techniques”
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This 3 page paper discusses additional chapters in the book “Fundamentals of Trial Techniques.” There is 1 source listed in the bibliography.
Filename: HVTriTk2.rtf

Are Mandatory Sentences Justified in English Criminal Law
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This 8 page paper considers if there is any justification for mandatory sentencing in the English criminal law, the paper considers this from the perceptive of increased justice, increased efficiency and social interests. The bibliography cites 4 sources.
Filename: TEsentcg.rtf

Argument: We Should Reduce the Use of Plea Bargaining
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This 3 page paper discusses how plea bargains work, argues that plea bargaining should be reduced or eliminated, and gives an example of someone wrongfully convicted in a plea bargain. Bibliography lists 3 sources.
Filename: HVNoPlea.rtf

Arguments For and Against Tort Reform
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This 5 page report discusses the issues associated with tort reform, the Bush Administration’s perspective on the topic, and the people and groups who both support and oppose reform. Bibliography lists 7 sources.
Filename: BWtortre.rtf

Attorney-Client Privilege
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An 8 page paper on the adversary system and issues concerning attorney-client privilege. Writer analyzes both sides of the resulting controversy. Bibliography lists 3 sources.
Filename: Attorcli.wps

Attorneys are Bad for America
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This 5 page paper summarizes and provides a discussion on a 2001 article that criticizes the state of litigation in America. Several cases are noted and the big tobacco lawsuit is used as a springboard for the criticism. No additional sources cited.
Filename: SA151Att.rtf

Australian Law and Contracts
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This 12 page paper provides an overview of the issue of contract law and a specific case. Bibliography lists 10 sources
Filename: MHAusL77.rtf

Australian Law and Proportionality
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This 7 page paper provides an overview of the concept of proportionality as it appears Australian Law. In recent years, the High Court of Australia has been for applying the concept of proportionality to issues related to the Constitution of Australia. When the core values of this Constitution are at stake, the requirement of proportionality becomes more stringent for the High Court, and questions of the application of this standard have been related in recent years. Bibliography lists 8 sources.
Filename: MHAusLaw.rtf

Bankruptcy & Legal Issues
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12 pages in length. Writer provides a comprehensive overview of Bankruptcy, the Bankruptcy Code, the Federal Bankruptcy Revision, the differences between Chapter 11 and Chapter 13, etc;. Writer uses the case of Orange County, California, a government body that filed for Bankruptcy in the mid-1990's. Bibliography lists 20 sources.
Filename: Bankrupt.wps

Barber v. Somerset County Council [2004] UKHL 13
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This 8 page paper cpnsiders how the case of Barber v Somerset County Council(2004) the House of Lords may have failed to take adequate account of the realities of modern work and of the changes in the typical workplace over the last thirty years. The bibliography cites 6 sources.
Filename: TEpsyemp.rtf

Breach of Fiduciary Responsibility (Evaluation of Case Study)
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This 23 page paper evaluates a case submitted by a student. The case is outlined and then evaluated according to state and federal law. The case involves a corporation doing business in Colorado but domiciled in California. Facts of the case include, briefly, two partners who raise money for a business venture, but then take some of that money for their own and leave the country. Recourse for investors is the main thing explored. Bibliography lists 10 sources.
Filename: SA224law.rtf

British Trial by Jury
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A 5 page paper which addresses current government desire to abolish trial by jury in Great Britain. The paper argues that trial by jury is essential to the system of law, and argues that, while there may be problems with the system, it does protect the rights of the citizens more adequately than no system would. Bibliography lists 4 sources.
Filename: RAjuryeuro.wps

Burden of Proof: Criminal Procedure
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A 3 page paper which summarizes an article pertaining to criminal procedure. The article addresses the burden of proof. No additional sources cited.
Filename: RAbuoo.rtf

Business Department Disbands Prior To Student Completing Studies: Damages
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5 pages in length. A student in the midst of completing a study program when the school decides to disband the business department is within his or her legal right to sue for breach of contract. Inasmuch as "catalogues, course descriptions and other writings may be considered contracts" (Gregg, 2004), it is prudent to charge the school with failure to honor the agreement it made with the student. Bibliography lists 5 sources.
Filename: TLCBizDamag.rtf

California Law Relating to Food Contamination
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A 6 page discussion of California law as it relates to food contamination. The author outlines a fictional case involving contaminated ice cream, a case in which tort law is probably more applicable than food contamination laws. An analysis is presented regarding the burden of proof facing the plaintiff in regard to proving negligence on the part of the ice cream manufacturer. Bibliography lists 4 sources.
Filename: PPlawCaF.rtf

Capital Punishment: Are Men More Supportive Than Women?
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7 pages in length. Capital punishment was not only implemented as a painful means of death, but it was also a way of demonstrating one's mistakes in front of the community. It was a grand way in which the guilty not only paid for their crimes by forfeiting their lives, but it also served as a way to forcible inflict extreme humiliation while they suffered imminent death. The presumption was that those who witnessed such an act of barbaric magnitude would refrain from committing any such crimes themselves. It can easily be argued that the origins of capital punishment held a triple purpose: to kill the convicted by torturous measures; to maintain order within the community by way of intimidation; and to provide entertainment for the masses. The writer discusses who supports capital punishment in contemporary society and addresses the whether or not men are more likely to advocate an eye for an eye. Bibliography lists 5 sources.
Filename: TLCcaptl.wps

Case Study Analysis Related to the Do Not Call List
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This 5 page paper looks at a Broward county case related to a business that violated the Do Not Call dictum. While Florida law is the focus of this case, Supreme Court decisions regarding the subject are also discussed. Bibliography lists 6 sources.
Filename: SA219Fla.rtf

Case Study: Negligent Teacher
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8 pages in length. A teacher's fundamental task is often incorrectly construed as being one of instruction; while education is, in fact, a primary function of every teacher, it is not necessarily the important, particularly when the classroom is full of children. The notion of supervision then becomes equally as essential a responsibility as any lessons the students may be taught. When teachers fail to uphold this responsibility and leave a room of unattended children, they open themselves up to a litany of legal problems with such a breach of duty. Bibliography lists 6 sources.
Filename: TLCNegTeach.rtf

Case Summary
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This 3 page paper summarises various aspects of the Australian case Re: Demagogue Pty Ltd And Nicholas Ramensky and Gisela Elizabeth Ramensky No. G54 of 1992 Fed No. 851 Trade Practices (1992) 110 ALR 608 (1992) 39 FCR 31.
Filename: TEdemagouge.rtf

Charles Manson: Chronological Events and the Tate-LaBianca Murder Trial
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This is a 5 page paper describing the chronological events in the life and trial of Charles Manson. Detail of the trial is included. The chronology of events and the life of Charles Manson which led to his eventual trial and conviction for the Tate-LaBianca murders is one of crime, psychological disorders and the establishment of his “Family”. Manson had lived his life mostly within the prison system until his release in 1967 and the establishment of his group of followers called “The Family”. In August 1969, Manson and Family members murdered five people at the Tate household and two at the LaBianca household. In 1970, their trial lasted nine months which included testimony which proved to be more shocking than the murders themselves. Manson and the other three members on trial were eventually found guilty of first-degree murder. Charles Manson is still in prison and was been denied his tenth parole hearing in April 2002. Bibliography lists 1 source.
Filename: TJCMans1.rtf

Child Sex Abuse Claims / Techniques for Assessing Validity
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A 12 page paper in which the writer posits that while many child sex abuse claims are very true, some are indeed very false. Assessed are the various methodologies for determining the accuracy of statements made about such abuses by children, the existing laws concerning child testimony in court, and the psychological factors which may actually cause delusions of child abuse. Bibliography lists 9 sources.
Filename: Childsex.wps

Children's Rights in the UK
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This 10 page paper considers the way in which the rights of children have developed and how they are determined. The paper includes discussion of the Gillick Case, as well as the Children's Act 1989 and subsequent acts and measure including those of the United Nations. The bibliography cites 6 sources.
Filename: TEchildl.wps

Class Action Lawsuits: Various Companies
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10 pages in length. The writer discusses class action lawsuits as they relate to AOL, CMGI, InfoSpace, ARIBA, Exodus Communications, WorldCom, Oracle, Cisco Systems, Qualcomm, United States Interactive, NY Railroad, Puma Technologies, Infoseek, Amazon, Advanced Viral Research, Celera Genomics, Genome Therapeutics and JDS Uniphase. No bibliography.
Filename: TLCClsAc.rtf

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