Law & Legal Systems Term Papers
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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. |
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This 6 page paper delves into the history of the insanity defense and also evaluates when it is used. Several well-known cases are referenced. Bibliography lists 10 sources. |
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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. |
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An 11 page paper which argues against the statement "In the course of making sure that the minority is granted their individual freedoms to the fullest extent, it has become impossible for the majority to exercise those very same rights." as an example, one of the focuses addresses how while criminals (the minority) are granted individual rights, the rights of society (the majority) are not threatened. Bibliography lists 6 sources. |
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A 7 page paper discussing legal impartiality and objectivity. Based on the results of court cases heard both now and a century ago, it is apparent that judges certainly are not impartial. They likely are not objective in their decisions, either. While this inconsistency introduces a degree of uncertainty in law interpretation that perhaps should not be present, it does serve to give voice to those citizens whose voices would not otherwise be heard, or taken seriously. In this light, justices' subjectivity provides an avenue by which socially-directed changes in the law can come alive. Bibliography lists 4 sources. |
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6 pages in length. The writer discusses justice as it relates to political philosophy according to Plato, Machiavelli and Hobbes. No additional sources cited. |
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This 5 page paper considers this landmark case, outlining the circumstances, the claims and the findings, explaining the reasoning behind the findings and then concluding with the logical justification of this case which appears to breach the First and the Forth Amendment. The bibliography cites 6 sources. |
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This 5 page paper evaluates the scandal in light of the Foreign Corrupt Practices Act. Proposed changes to the act are duly noted. Bibliography lists 4 sources. |
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A 25 page paper discussing the complexities that increasing use of surrogate mothers combined with technological advances have introduced in defining and administering widely varying laws. The paper discusses the situation as it exists today, its biblical basis (Genesis 16 and 30), legal implications, and the likely future of surrogacy. Florida revised its surrogacy statutes in 2000; they can provide a model for those states beginning to recognize the need for revision, as is happening in Connecticut. Bibliography lists 20 sources. |
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This 5 page paper provides an overview of how the government works in the UK. The way in which laws are made, and the relationship between the legislature and the judiciary are examined. The role of international law, particularly the EC, is discussed. Bibliography lists 3 sources. |
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This 7 page paper looks at a recent article in the New York Times that reports on the use of the old law of 'Trespass against Chattels' in order to resolve modern internet cases. The paper argues that there maybe long term problems with this approach and a better route to resolution should be found. The bibliography cites 5 sources. |
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This 9 page report discusses the processes involved when two couples purchase a home together. In the situation outlined described in the report, the process of home ownership is particularly complicated by the break-up of one couple, the death of one of the two “beneficial joint tenants,” the argument between two tenants, and the mother of the deceased tenant’s insistence that she has a claim to the house. The entire situation serves as an excellent example of how and why it is important to assure that specific considerations be given to exactly how a home-owning partnership is intended to work out in even the so-called “worse-case scenario.” Concepts addressed include: beneficial joint tenancy, owning “shares” in a property, and disposition of an estate. Bibliography lists 12 sources. |
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5 pages in length. Are all delinquents created equal? Indeed, there are myriad levels of criminal activity that prove to land offenders in jail, with a percentage of those criminals committing their crimes under the duress of mental illness. These prisoners, while deserving of severe punishment, often do not have full control of their faculties. These orphans of society are often compelled by an emotional or mental imbalance that provokes them to act savagely toward their fellow human beings. One might assert the fact that what these disturbed individuals need is assisted treatment, not prison. Analyzing the evolution of the insanity plea leads one to believe that while the original objective was to address those with mental instability, it has grown out of this definition to support those whose situation does not necessarily apply. Bibliography lists 5 sources. |
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A 7 page paper which discusses and analyzes Kafka's "The Problem with Our Laws." Bibliography lists 2 additional sources. |
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A 7 page paper discussing whether legal objectivity truly exists and whether it is desirable. One of the precepts of judicial review of any case is that the judge be objective and impartial. There is a growing notion that not only is true objectivity not possible, it is not even desirable, that it clouds thinking and prevents attainment of a clear and fair solution. The paper uses Plessy v Ferguson as example throughout. Bibliography lists 4 sources. |
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A 5 page paper discussing free speech issues before the Supreme Court under these Chief Justices. The Warren Court (1953-1969) generally extended the rights of free speech, while the Burger Court (1969-1987) generally limited it. The current Rehnquist Court (1987- ) has exhibited a blend of decisions both limiting and expanding interpretation of the First Amendment. Bibliography lists 1 source. |
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A five page paper which looks at the history of the process of plea-bargaining in American courts, and considers how far the role of the judge has been undermined by the participation of attorneys in charge- and fact-bargaining, and the ways in which current initiatives are endeavouring to return control of plea-bargaining to the judiciary. Bibliography lists 2 sources |
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This 10 page paper is an example on how to answer a law essay questions and considers two aspects of contract law. In the first part of the paper potential problems with the internet are discussed. Issues such as the determination of when a contract is formed and the forming the contract are considered. The second part of the paper looks at offer, acceptance and the postal rule in a case where issues such as faxes and revocation are includedand how it needs to be established whether or not a contract has been formed. The paper is an example on how to answer a law essay question and cites many relevant cases. The bibliography cites 7 sources. |
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A 5 page paper discussing this case in which the Supreme Court ruled that a ventilator-dependent student should be attended by a school-provided nurse for the entire time the student is at school. The Individuals with Disabilities Education Act (IDEA) requires school districts to provide related services but not direct medical services aside from those required for disability diagnosis and evaluation. The Supreme Court ruled that full-time and continuous attendance by a nurse was not medical service, but rather qualified as a "related service." Bibliography lists 3 sources. |
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6 pages in length. This small but informative book put out by the American Bar Association is helpful to the layman in understanding what is involved in wills and estate planning. While some readers find the book's text rather cumbersome and difficult to understand, others will find it full of useful information on topics that need to be addressed when planning one's will. Bibliography lists 1 source. |
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A 5 page paper which addresses possible reform of the U.S. Supreme Court. the issue presented for reform involves habeas corpus, which is something that involves many, if not all, aspects of the U.S. Supreme Court. Bibliography lists 2 sources. |
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A 15 page research paper that examines the heated national debate over the efficacy of plea bargaining. Proponents of plea bargaining argue that, with the volume of cases facing the US judicial system, without plea bargaining, the courts would become hopelessly backlogged. On the other hand, opponents to this fixture of the judicial system question whether the pragmatism of plea bargaining is "undermining justice" rather then serving it. These, and more, questions are examined. Bibliography lists 10 sources. |
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This 11 page paper considers how in the adoption of legislation to regulate secured financial transactions other countries may chose to use this article as a model on which to base their own laws. The paper discusses the advantages and disadvantages to this strategy and how it may work in practice. The bibliography cites 7 sources. |
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A 6 page brief of Aaron B. Cooley v. Board of Wardens of the Port of Philadelphia, to the Use of the Society for the Relief of Distressed Pilots, Their Widows and Children, Defendants.; Same V. Same; Supreme Court of the United States, 53 U.S. 299; 1851 U.S. LEXIS 658; 13 L. Ed. 996; 12 HOW 299; December, 1851. The plaintiff charged that Pennsylvania usurped federal powers in requiring payment for the use of a pilot into and out of the port of Philadelphia. The majority disagreed, holding that every state had a right to regulate its own ports. Justices McLean and Daniel dissented in that pilots remained on board after leaving the jurisdiction of the state and entering federal waters. No sources listed. |
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