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Law & Legal Systems Term Papers

We have 1259 term papers relating to 'Law & Legal Systems'. Displaying page 43 of 53. Unlike other term paper and essay websites, all our term papers on Law & Legal Systems have been written by professional writers, not submitted by other students!

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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.


Chief Justices

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A 3 page paper which discusses various aspects of two particular court cases and the Chief Justices of the Supreme Court which presented the court's opinion. The court cases are Worcester v. Georgia (1832) and Wisconsin v. Mitchell (1993). The judges discussed are, respectively, John Marshall and William H Rehnquist. Both of the cases presented dealt with issues of race and culture. Bibliography lists 5 sources.


An Outline for an Appeal to the House of Lords

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This 6 page paper looks at the way in which a case that has failed at the court of appeal may be argued for consideration by the House of Lords. The case considered is that of Chapman & Another v CPS Computer Group PLC (1987) which concerns the breach of an employment contract and a share option agreement on the transfer of the company and employment contract to a third party. The paper argues for the defendant (the employers) by way of frustration, a concept which was not argued ion the original case. The bibliography cites 10 sources.


Gideon's Trumpet - How One Man's Story Heralded in a New Age of Justice:

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A 5 page paper that examines Anthony Lewis' 1964 best-selling non-fiction work entitled Gideon's Trumpet and the importance of the events it documented. These events include the trial without representation conviction and imprisonment of Clarence Gideon in 1961 and the resultant landmark court case and Supreme Court ruling. These events are briefly discussed, but this paper focuses on the effective literary style employed by Lewis in his presentation of the dual stories that emerged from these events. Bibliography lists 1 source.


Knowledge and its relation to Tort Liability, Risks of Injury, and the Legal Obligation and the Defenses to Negligence

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It is often contended that tort liability, risks of injury and the legal obligations and the defenses to negligence in sports are predicated on "knowledge". This paper provides a 10 page overview of tort law. The author defines tort law and provides numerous hypothetical examples designed to illustrate the points of negligence, intent, consent, and knowledge. Bibliography lists 3 sources.


Religious Freedom and Court Protection of an Overriding Social Goal

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A 6 page discussion of the Constitutional provisions for freedom of religion. Presents a fictional scenario in which a religious sect is distributing material which is found by a lower court to be libelous in nature. They are ordered to stop but contest the order in the Supreme Court as an infringement of their right to freely exercise their religion. Presents case law which demonstrates that the Court can intercede even when it means an infringement of the religious right to expression when their is an overriding social goal at stake. Concludes that the prevention of the distribution libelous material is such a goal. Bibliography lists 4 sources.


Natural Law, Legal Realism, Positivism, and “Original Understanding”:

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This 5 page report discusses various doctrines of law encompass a realm through which legal decisions must be filtered in order to arrive at a larger or at least more detailed comprehension of the issue being examined. Each of the four doctrines are discussed and then considered in an overview of four of the most well-known of civil liberties cases in the United States -- Lochner v. New York (1905), Griswold v. Connecticut (1961), Roe v. Wade (1973), and Bowers v. Hardwick (1986). Bibliography lists 6 sources.


Elian Gonzalez

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A 5 page background of the Elian Gonzalez case, the six year old Cuban refugee whose mother died on the boat journey to political asylum in the U.S. Elian has become an object of contention as to whether he should be allowed to remain in the U.S. or returned to Cuba. Presents the argument that U.S. precedent is clear in the matter, Elian is a Cuban refugee and Cuban refugees have been openly accepted by the U.S. government. Concludes that they boy's father, who remains in Cuba and has expressed his wishes that Elian be returned, gave up his right to determine the fate of Elian when he allowed him to leave Cuban soil. Bibliography lists 1 source.


Corruption in the Courts

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This 10 page paper looks at abuse of power and evidence tampering. Several famous cases are used for illustrative purposes such as the trials involving Rubin 'Hurricane' Carter, O.J. Simpson and Mumia Abu-Jamal. The Bill Clinton hearing is also referenced. Details of these cases, in terms of evidence and abuse of power, are duly noted. Bibliography lists 7 sources.


Free Speech: Supreme Court Precedents in Symbolic Speech

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A 5 page discussion of the application of the Fourteenth Amendments provisions for free speech to symbolic actions. Examines Spencer v. Washington, Stromberg v. California, Terminiello v. Chicago, Texas v. Johnson, and Tinker V. Des Moines Independent Community School District to determine the applicability of free speech to symbolic actions such as the wearing of certain clothing as a form of protest. Concludes the applicability of the free speech provisions to symbolic acts is dependent on the manner in which the act is performed as well as whether the act is sufficiently imbued with the element of communication. Bibliography lists 6 sources.


Affirmative Action and Equal Protection: An Interpretation of Supreme Court Rulings

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A 7 page overview of the Supreme Court rulings which apply to Affirmative Action and Equal Protection. Includes a discussion of Brown v. Board of Education, Korematsu v. United States, Loving v. Virginia, Palmore v. Sidoti, Plessy v. Ferguson, and Regents of the University of California v. Bakke. Examines the applicability of Justice Blackman's statement in the latter case that 'in order to treat some persons equally, we must treat them differently'. Concludes that our goal of treating everyone equally is a goal whose means of meeting it varies according to the precise societal situation which we are facing. Bibliography lists 7 sources.


Partial Birth Abortion: Supreme Court Opinion

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An 8 page overview of Stenberg v. Carhart, a case coming before the Supreme Court in April, 2000. The case involves the privacy issues of abortion. An overview of provided on numerous Court decisions which are applicable to the case including Hodgson v. Minnesota, Ohio v. Akron Center for Reproductive Health, Planned Parenthood v. Casey, Roe v. Wade and Webster v. Reproductive Health Services. Traces the privacy issues dating back to the turn of the century and conclude that these previous findings should be upheld in Stenberg v. Carhart as well. Relates the "undue-burden" issues surrounding state regulation of abortion and presents the opinion that is only when a fetus has reached that stage in its development where it could live outside the body of its mother that the state can claim an interest in preserving the life of that fetus. Even then, however, the health of the mother is of paramount concern. Bibliography lists 8 sources.


The Monkey Trial

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12 pages in length. The infamous 'Monkey Trial,' so named for the trial of the century in which legal defense lawyer Clarence Darrow squared off with William Jennings Bryan. These two well-known attorneys were arguing the case in which John Thomas Scopes, represented by Darrow, was on trial for violating Tennessee law by teaching evolution. This interesting paper looks at this trial and the argument between creationism vs. evolution. Bibliography lists 15 sources.


Strikes Move to Two

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This 5 page paper examines a current bill in Congress, HR 1989 concerning action to amend title 18 of the United States Code to provide life imprisonment for repeat offenders who commit sex offenses against children. Bibliography lists 4 sources. .


A Firearm Safety Poll

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A 7 page paper which presents a public poll asking the question: "Do you favor Federal legislation that will promote firearm safety and registration of all firearms?" The paper presents current information regarding present day laws, and illustrates some information regarding the efficiency of such laws. Also addressed are the implications the proposed legislature would have on people as well as the possible cost of involvement with such legislature. The results of the poll are provided, followed by an illustration of what the results indicate. The argument presented is that such a legislature has nothing to lose, but lives to gain. Bibliography lists 8 sources.


Augustinian Laws And Women

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8 pages in length. The philosophy in question is that of Augustinianism, the theory of Christian Idealism, which is based upon the theology of Augustine of Hippo (354-430) who is considered to be the greatest theologian of the early church. His theory is that of reality, absolute theism. Reality is God, who is Being. Being is good; non-Being is evil. He wrote that God has personality and gives reality to phenomena. As the Supreme Person, God exercises perfect will by which the world is created from nothing. The writer discusses how there were significant patriarchal underpinnings when it came to the treatment of women under Roman law, which effectively forced the female gender into a life of prostitution. Bibliography lists 8 sources.


The Challenges to the 1996 Telecommunications Act

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A 4 page review of the problems confronting the 1996 Telecommunications Act. Outlines the intent of the Act as being deregulation, increased competition, and lowered cost to consumer. Notes the problems confronting its implementation. Bibliography lists 2 sources.


The British Constitution and Political System within the European Union

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This 11 page paper considers the changing role of the constitution and political system in the United Kingdom now that the unification of Europe is proceeding. The issues of the use and controls of power by way of practice and legislation is considered along with the principle of subsidiarity. The bibliography cites 10 sources.


Discrimination In Employment

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Title VII: The Civil Rights Act of 1964 is possibly the greatest - and worst - thing that was ever instituted in the fight against discrimination. This 5 page paper focuses on Title VII and asserts that the Act has, in many instances, ceased to be a tool for equality and his become legal justification for a myriad of 'sins'. Bibliography lists 9 sources.


Religious Freedom

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The opening words of the First Amendment to the U.S. Constitution read: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". This 5 page paper explores the implications of the 'establishment clause' and 'free exercise' clause, as they pertain to certain court cases. Bibliography lists 6 sources.


The Sexual Harassment Lawsuit Frenzy

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This 5 page paper looks at the validity of sexual harassment litigation, arguing that most cases are frivolous. Several examples are noted and some statistics are provided. Bibliography lists 4 sources.


Fletcher v. Peck and the U.S. Supreme Court

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This 5 page report discusses the 1810 Supreme Court decision of Fletcher v. Peck and the “Yazoo Land Fraud.” In essence, the decision determined that if something is done under a law enacted by a legitimate authority, it cannot be undone by a subsequent legislature. One legislature cannot restrain the powers of a future legislature or determine that legal actions taken are no longer valid. The case has had a wide-ranging impact for nearly 200 years. Bibliography lists 3 sources.


The Expert Witness

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A 'fair' trial is said to be guaranteed in the United States, however, that is the ideal and not the reality. The judicial system, with all of its problems and flaws, is a combination of law, applied rules of conduct (judicial procedure) and the personal and political situations and circumstances of each individual crime. This 5 page paper examines John Grisham's book, A Time To Kill and the relevance and admissibility of the expert witness for the defense. Bibliography lists 5 sources.


The Alabama Claims: A Legal Brief

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A 2 page paper which presents a legal brief of the case concerning Alabama claims. No additional sources cited.







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