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Papers On Litigation, The Courtroom & The Trial System
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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

Did Bradwyn Intend to Escape?
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A 4 page paper providing two persuasive theories addressing circumstances in which a prison inmate was found. Mr. Bradwyn did not escape from the prison building, but he was charged with escape on the grounds that he was in an area that was off limits after hours. The paper provides persuasive theories in support of Mr. Bradwyn and in support of the charge of escape. Bibliography lists 1 source.
Filename: KSlawBradwyn.rtf

DISCRIMINATION SUITES BASED ON GENETICS
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This 5-page paper focuses on potential issues and suits brought to court over genetic testing results. Bibliography lists 2 sources.
Filename: MTgenedisc.rtf

Disparities & Discrimination in Criminal Justice
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A 4 page research paper that discusses the relationship between disparities between statistics pertaining to criminal justice and discrimination. The writer argues that a disparity between ethnic groups that is disproportionate to the percentage that the group holds within the overall population is highly suggestive of discriminatory practice on the part of the criminal justice system. Examination of empirical research, both having to do with the trial system and police procedures, indicates that this is, indeed, the case and discrimination does exist in the American justice system, despite the numerous laws prohibiting such practices. Bibliography lists 2 sources.
Filename: khdisdis.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

Does The High Profile Status Of A Criminal Case Affect Investigators' Decisions?
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5 pages in length. Media coverage has historically proven to be both a blessing and a curse where the judicial system is concerned. The extent to which print, radio and television reporting serve to inform the public as the trial progresses is both grand and far-reaching; that a fine line separates the beneficial element of such coverage from the one detrimental to investigators' decisions speaks to the inherent disadvantage to a criminal case having a high profile status. Bibliography lists 6 sources.
Filename: TLCCrimHiProf.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


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