"Law / Legal / Jurisprudence" Essays

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Magnuson-Moss Warranty Act: A Purposeful Term Paper

Term Paper  |  8 pages (2,202 words)
Bibliography Sources: 1+

SAMPLE TEXT:

The Act enables warrantors to include a provision also stating that a consumer agrees they will attempt to resolve a dispute through informal dispute resolution prior to going to court over a matter (Grimes, 2002). One stipulation however, of this allowance is that the dispute resolution mechanism must meet requirements outlined by the FTC. The FTC rule regulating this process… [read more]


Judiciary Term Paper

Term Paper  |  8 pages (2,303 words)
Bibliography Sources: 1+

SAMPLE TEXT:

. He enumerated several congressional actions that may legitimately be undertaken including the stringent examination of nominees to the judiciary, limitation of the jurisdiction of courts, stopping federalization of crimes and other similar actions geared towards diffusion of activism in the judiciary. The noted journalist in effect sustains the position in this paper that the judiciary is the weakest among… [read more]


Civil Action the Book Term Paper

Term Paper  |  2 pages (587 words)
Bibliography Sources: 0

SAMPLE TEXT:

Jan had a potentially strong case but without much sound evidence.

During the trial, he had to face two great industrial giants of the area namely W.R. Grace & Co. And Beatrice Foods. Eight families had filed this lawsuit and even though they won against the two industries, the victory was not of much use to anyone. There had been no legal verdict in the sense that the case resulted in a compromised settlement between the two parties since Schlichtmann was left without enough funds to proceed further with the trial. In this settlement, the plaintiffs were offered $8 million. However the costs of trial and other expenses consumed a large part of this money leaving the lawyer with very little for himself or the people he represented.

The case completely turned around everything for the lawyer who was once a highly successful attorney. After the case he declared bankruptcy, which resulted in the demise of his legal practice. On top of that, his later attempts to reopen the case produced no positive results while the opposite parties did not suffer any negative impact of the trial. Their corporations kept raking in profits while the lawyer himself suffered immensely. The legal issues in this case were mainly concerned with business ethics and the responsibilities of corporations towards the community and society. The verdict while it did go in favor of the residents was simply a compromise, which did not serve any positive purpose. Secondly, I believe that the right party was blamed in the case but the amount awarded to the residents was too meager to meet the cost of trial and other expenses. It could have doubled provided the prosecution had enough money to proceed with the…… [read more]


Western Civilization Hammurabi Term Paper

Term Paper  |  2 pages (796 words)
Bibliography Sources: 0

SAMPLE TEXT:

Possessions were very important in this day and age as a city's survival depended on a good balance of resources that was relatively safe from enemy hands. Athenian warriors ensured the safety of the city, and as such were accorded highest honors in a speech at death. It is in death on the battlefield, did the Athenian soldier know he did not die in vain for his country, for his country would give him and his ancestors honor and praise, loving him, as he loved his country. Without a question, the word that springs to mind when discussing the orations is the word "pride."

Around 509 B.C., the Roman Constitution was erected to serve as glue for the conglomeration of confederate states all under one ruling council. Specifically, the executives served in a monarchal capacity, the Senate as the aristocratic, and the Assembly as the democratic element. This is very similar to the system we have in the United States, were the executive is the president, the senate is congress, or legislative, and the last one is the Judiciary. The Assembly came together to determine laws, and to determine when war should be pursued.

Where the Greeks had been thinkers and generalists, the Romans had executed a government down to the type of citizen you were and then acted accordingly with that law in regards to what rights you had.

The evolution is very clear to me, that the first set of laws with Hammurabi are codified in the name of faith and religion, and then with the Greeks through the more everyday practice of war, and then with the Romans in a logical and analytical way that correlates with the organization necessary to meet the requirements of maintaining multiple confederations under one authority. It seems that the more time goes on, the more laws become more detailed, not necessarily more flexible or more stringent, but because law is a body that is developed over time, and because time reveals more information about whom we are as humans, our laws adapt with us. It may be that one day we could evolve past the point of even having a legal system anymore since everything will be highly complex to the point that law is automatically integrated into reality all around us. I wonder what the future will say about us…… [read more]


Federation for American Immigration Reform Term Paper

Term Paper  |  3 pages (716 words)
Bibliography Sources: 1

SAMPLE TEXT:

Ambiguities

The website makes several other ambiguous and unsupported claims in relation to their position. They state, for example, that "admitting and subsidizing illegal aliens, in effect, punishes citizens and legal residents who have done nothing wrong themselves." They do not show, however, how allowing illegal aliens access to education "punishes" legal residents.

The website also makes the ambiguous claim that such laws promote illegal immigration.

Values Conflict

According to FAIR, the values in conflict in this issue a child's right to an education vs. The need to somehow "protect" the rights of legal citizens and to uphold the laws regarding citizenship. FAIR believes that subsidizing the college education of undocumented aliens infringes on the rights of the law-abiding, tax-paying American citizens.

Fallacies

These values only seem in conflict, however, because of the fallacious reasoning and assumptions made by FAIR. The organization, for example, maintains that in-state tuition for undocumented immigrants is an unfair burden to the state's taxpayers. The group, however, neglects the fact that undocumented aliens themselves are also taxpayers. Those who work in the community pay withholding taxes, even though they are not entitled to collect benefits. Illegal aliens also pay sales taxes on their purchases. Those who own houses also pay taxes on their property.

The FAIR website also falsely assumes that states will fare better fiscally if these students are kept out of college. However, this neglects the fact that without the benefit of a college education, many of these students will become an even bigger problem for the state later on, as long-term welfare dependents.

Young people with the benefit of higher education become qualified for professional careers. In the long run, they will contribute more to their communities, as tax-paying physicians, lawyers and educators.

Thus, the in-state tuition laws do not give the undocumented students an undeserved free ride. Instead, it gives them a chance to become productive, contributing members of the community.

Works Cited

FAIR Issue Brief. "Taxpayers should not have to subsidize college for illegal aliens." Issue Brief. May 2003. Federation for American Immigration Reform. 13 September 2003 http://www.fairus.org/html/04182108.htm.… [read more]


Offices in the Judicial System Term Paper

Term Paper  |  18 pages (6,170 words)
Bibliography Sources: 1+

SAMPLE TEXT:

The legal system has its effect on almost every aspect of our society. And lawyers play a very important role in society by being able to form the backbone of the legal system. Hence their positions hold high responsibility, and they have to follow strict code of ethics. These lawyers, or attorneys as they are often known, act as advocates… [read more]


Group Intervention Using Mediation Term Paper

Term Paper  |  7 pages (1,930 words)
Bibliography Sources: 1+

SAMPLE TEXT:

Skills to bring about such a resolution are taught in this session.

All of the above skills are also important for support staff, but of especial interest to the support staff is the last topic covered in this session is personal development. Of course, this too is an issue of concern for all workers, but is of especial concern in general to support staff, whose relatively lower status and pay will often be less of a concern for them if they believe that they are continually upgrading their skills and will have a reasonable chance, if they like, of moving up.

References

ABA Task Force Agrees Mediation Not Practice of LawADR World. Available: http://www.adrworld.com/index.asp.

Alternative dispute resolution may avoid health care litigation. Cancer Weekly, p. 85.

Black's Law Dictionary. (1991). St. Paul, MN: West Publishing Company.

Ebert, R.J. & Griffin, R.W. (2003). Business Essentials, 4th ed. Upper Saddle River, NJ: Prentice-Hall.

Fisher, R. & Ury, W. (1991). Getting to Yes: Negotiating Agreement Without Giving In, 2nd ed. New York: Penguin Books.

Folger, Jo. etal. (1995). "Conflict and Interaction" in Stewart, John, Bridges Not Walls: A Book About Interpersonal Communication, 6th ed. New York: McGraw-Hill, Inc.

Galanter, Marc. (1983) "Reading the Landscape of Disputes: What We Know and Don't Know (and Think We Know) about Our Allegedly Contentious and Litigious Society." 31 UCLA Law Rev. 4-71 in Epp.

Hartsell, John E. (2002). The Sounds of Silence: Promoting Alternative Dispute Resolution in Air Force Procurement by Putting Confidence in Confidentiality. Air Force Law Review, Vol. 53, p. 183.

Hathaway, P. (1999). Giving and Receiving Feedback. Westerville, OH: Luminous Chao, Inc.

Introduction to Alternate Dispute Resolution." (2001). http://www.aaml.org/winning.htm

Kaufman, Bruce E. (January 2002). Reflections on Six Decades in Industrial Relations: An Interview with John Dunlop. Industrial & Labor Relations Review, Vol. 55, Issue 2, p. 324.

Kelly, Eileen P. (Fall 2001). Resolving Nonunion Employment Disputes through Arbitration. National Forum, Vol. 81, Issue 4, p. 4.

McCoy, M. & Scully, L. (2002, Summer). "Deliberative Dialogue to Expand Civic Engagement: What Kind of Talk Does Democracy Need?" National Civic Review (91): 2.

Muckle, R. (2003). Alternative Dispute Resolution. Available: http://www.robertmuckle.co.uk/dispute/alt_dispute.htm.

Rasley, J. (November 25, 2002). The Revolution You Won't See on TV.

Newsweek, Vol. 140, Issue 22, p. 13.

Smith, W.C. (June 2000). Much to do about ADR. ABA Journal, Vol. 86, Issue 6, p. 88.

Stamato, L. (1990, April). "Consent of the Governed: Consensus Strategies for Policymaking," (with Sanford M. Jaffe)," New Jersey Reporter, Vol. 19 (9).…… [read more]


Political Science Annotated Bibliography Term Paper

Term Paper  |  15 pages (4,560 words)
Bibliography Sources: 0

SAMPLE TEXT:

..encourage attention to sister state rulings." This, Latzer calls, "Horizontal federalism," which infers that there is a state-to-state "state law movement"; and no conservative elements in states oppose state constitutional rulings - "so long as they favor the state."

Harry P. Stumpf & John H. Culver - The Politics of State Courts

In their book, Stumpf and Culver grab a… [read more]


Euthanasia: The Right to Die Term Paper

Term Paper  |  6 pages (2,035 words)
Bibliography Sources: 1+

SAMPLE TEXT:

Other issues -- Arguments and counter arguments

Up until now, in judging what is a fit quality of life, it has not even been touched upon, what if the individual cannot make the choice for him or herself, because of a lack of cognizance, or, to use the common phrase, is 'brain dead?" Here, the thorny issue of what is a living will enters the question. Here, the individual must not only decide for him or herself, but the individuals who make the decisions regarding the individual's care come into the picture. Once again, the arguments for the healthy to commit suicide, the pain that it may cause upon the family, also come into the picture, but slightly reconfigured -- is it too painful to the family members to follow the uncertain will of the individual who cannot speak for him or herself? Or should the will of the unspeaking individual be followed to the letter, no matter what pain this may cause, because of the individual's right to autonomy? Even if the individual is in no pain, when their physical life is compromised, and a request before their current state of muteness was made, it seems as if that request should be carried out. But again, the issue of what constitutes a good life must be broached, a question that is unanswerable, legally and medically, because of its subjectivity.

Conclusion

The issue of euthanasia will continue to rage on in legal, medical, and moral circles, because ultimately it always asks what is the purpose of life, an essentially unanswerable query. Because of the unanswerable nature of this question, one is forced to allow it in medically dire cases, or when the will of those whose lives have been compromised by brain injury, to prevent the living of a life in pain, or against a terminal individual's expressed will. But in more murky cases, the state must intervene to preserve life, such as when a depressed individual wishes to commit suicide. The dialogue between the individual's right to determine for him or herself, before and after medical intervention, what is a good life will rage on into the future, but to unalterably preserve life or to extend the right to terminate it is impossible -- state and family and individual can only enter into an imperfect negotiation and dialogue, with some 'give' upon issues of pain and terminal care in the margins or penumbras of the issue.

Works Cited

Dworkin, Ronald. "Sex, Death and The Courts." The New York Review of Books. August 8, 1996. Retrieved from the Web at http://www.nybooks.com/authors/90

Dworkin, Ronald. "Assisted Suicide: The Philosopher's Brief." The New York Review of Books. March 27, 1997. Retrieved from the Web at http://www.nybooks.com/authors/90

Dworkin, Ronald. "Assisted Suicide: What the Court Really Said." The New York Review of Books. Volume 44, Number 14. September 25, 1997. Retrieved from the Web at http://www.nybooks.com/authors/90

Dworkin, Ronald. "

Assisted Suicide and Euthanasia: An Exchange." The New York Review of Books. Volume 44, Number 14.… [read more]


Criminal Justice System the Judiciary Term Paper

Term Paper  |  3 pages (993 words)
Bibliography Sources: 1+

SAMPLE TEXT:

Once the prosecutor is finished presenting his or her evidence, the defense then has a chance to mount its case. The proceedings are then reverse, as the defense presents its own evidence and questions its own witnesses.

The prosecutor then has its chance to cross-examine the defense witnesses.

Throughout these proceedings, the judge presides to ensure that the law is followed. Both attorneys can object to a line of questioning, to a witnesses entire testimony or to the presentation of evidence (Rabe 2001). It is the judge's task to determine which objections have merit, and what evidence a jury must disregard.

When both sides are finished presenting their cases, they are given a chance to present their "closing arguments" to the jury. The judge then gives a jury its instructions, explaining the laws that cover the case and providing the questions that the jury is supposed to evaluate. The judge also remains available as the jury deliberates the facts of the case, to answer any questions pertaining to law. The final point in a criminal trial comes when the jury reaches its verdict regarding a defendant's guilt or innocence (Champion 2000).

After the trial

Though the formal trial proceedings end with the verdict, the defense or prosecution could still pursue other courses of action if they disagree with the verdict or with any part of the proceedings. Both parties may appeal the decision to ab Appellate Court, by filing the necessary petition detailing the legal arguments why the verdict is wrong. Based on the strength of these arguments, the appellate court can decide to remand the case. This forces the trial court to issue a new ruling, based on the appellate court's opinion. The appellate court could also decide if the evidence warrants an additional hearing or even a new trial (Champion 2000).

If the appellate court fails to satisfy one of the parties to the trial, another petition could be filed before the Supreme Court. If the high court decides to hear the petition, both sides can then argue their cases in front of the panel of Supreme Court justices. Since the Supreme Court is the highest court in the United States, the decision rendered by the justices is usually final (Champion 2000).

Conclusion

In summary, the criminal justice proceedings in the United States is characterized by its adversarial nature, with one side arguing for the defendant and one side representing the interests of the people or the state. Both sides have a chance to present their arguments before a three-tiered court system - from the trial courts, the appellate courts and finally, the Supreme Court. In this way, the judicial system maintains the system of justice in the country.

Works Cited

Champion, Dean John. 2000. Corrections in the United States: A Contemporary Perspective. New Jersey: Prentice Hall.

Neubauer, David W. 2001. America's Courts and the Criminal Justice System. New York:…… [read more]


Title Insurance Term Paper

Term Paper  |  3 pages (906 words)
Bibliography Sources: 1+

SAMPLE TEXT:

In addition, there may be cases where title insurance cannot fully protect the mortgage company or purchaser of the property in question.

Consecutive notice plays an important role in the issue of title insurance. Consecutive notice is simply defined as "the recording of rights transferred with the purchase of property" (First Montana Title Co. Of Helena). More simply put, constructive notice covers information that the property owner and mortgage company are legally assumed to know, given that this information can be readily discovered through "proper diligence and inquiry" (Forclosures.com). This information includes, but is not restricted to, information that is contained in public records.

Title insurance enables constructive notice through requiring the purchaser and the mortgage company to conduct a number of searches on title. However, title insurance allows the insured to be covered in instances where it is less clear whether they have taken "proper diligence and inquiry" (Foreclosures.com).

Issues involving constructive notice can be complex, even for those involved in the legal profession. The California Land Title Association notes that the U.S. federal court has decided that Stewart Title, a title insurance company that operates in the United States, did indeed have constructive notice in a title defect dispute because of a title plant that was improperly indexed.

In a legal environment, title insurance can be used to ease the workloads of lawyers. Certainly, the process of forming a lawyer's opinion on complex title matters is time-consuming and often tedious. Further, title insurance reduces liability issues in a legal environment, by reducing the lawyer's liability on complex title searches.

In conclusion, title insurance is designed to protect the mortgage company, lawyers, and the insured from title defects. Title insurance is relatively inexpensive, and provides great peace of mind for the insured, although it can often cost marginally more than a lawyer's opinion. Consecutive notice is enabled through title insurance, and title insurance frees the layer, mortgage company, and the purchaser from many complex legal issues surrounding the area of consecutive notice. In a legal environment, title insurance frees lawyers from thorny liability issues and reduces workload. In short, title insurance is an invaluable and indispensable protection for all those involved in the complex process of the transfer of property in the United States.

Works Cited

California Land Title Association.

Bulletin 03/04-26, September 2, 2003. CLTA News

Express. 21 http://www.clta.org/News/NewsExpress/bull0304-26_LatestLegalDevelopments.htm

Eyton-Jones, Charles. How we work - Questions and Answers. 21 November 2003. http://www.my14law.com/howwework.html

First Montana Title Co. Of Helena. About Title Insurance. 21 November 2003. http://1stmt.com/abouttitleinsurance/

Foreclosures.com. Dictionary. 12 November 2003. http://www.foreclosures.com/pages/definitions.asp… [read more]


Victims and Defendants Rights Extended Term Paper

Term Paper  |  9 pages (2,849 words)
Bibliography Sources: 1+

SAMPLE TEXT:

Through this, the defendant is able to see the child on a television monitor, and at the same time is unable to see the defendant, while, the defense attorney is in person present where the child testifies and cross-examine the child (City of Jackson).

The Defendant's Right to a Public Trial

This right in the criminal justice system guarantees public… [read more]


Criminal Attorney the Road Term Paper

Term Paper  |  5 pages (1,677 words)
Bibliography Sources: 0

SAMPLE TEXT:

Many states also require admitted attorneys to fulfill periodic courses for professionals run by the Institute for Continuing Legal

Education (ICLE).(12)

The career track of an attorney specializing in Criminal Law depends on whether one works for a private (defense) firm, the Public Defenders' office, or the Prosecutor's office. Associate Attorneys working at a private law firm that handles or specializes) in criminal issues perform the same functions as do associates at other private firms. Generally, they are assigned to a senior associate or to a partner of the firm and they are expected to "bill" a certain number of hours per year in order to be considered for future advancement within the firm. Professional advancement varies in time as well as in the number of "steps" between first-year associate and partner, depending on the size of the firm, more than anything else. Junior associates rarely try cases in court and their work consists mostly of legal research and brief writing for the senior associates and partners who handle the actual litigation.(13)

Both Public Defenders and Assistant District Attorneys experience a much more hands-on work environment and often are assigned their own cases to defend (or prosecute), on their own. The responsibilities of first-year Public Defenders and Assistant District Attorneys are much greater than those of first-year associates in criminal private practice and it is more of an on-the-job training situation. Associates at private firms usually put in more hours, sometimes as many as eighty or more per week. On the other hand, first-year criminal attorneys working in the public sector experience their own pressures which some compare to "live fire" battlefield training in the military.

NOTES

1. Goldfarb (p.29)

2. ibid. (p.22)

3. Turow (p.36)

4. ibid.

5. NYLS (2003-04)

6. Turow (p.170)

7. Graham (p.96)

8. NYLS (1983-84)

9. NYLS (2003-04)

10. Haskell (p.91)

11. Graham (p.108)

12. NYLS (2003-04)

13. Haskell (p.90)

SOURCES

1. Dershowitz, A.M. The Best Defense (1984) New York: Random House

2. Goldfarb, S.F. Inside The Law Schools (1998) New York: Penguin Books

3. Graham, L. Your Ticket To Law School (1985) New York: Bantam Books

4. Haskell, P.G. Why Lawyers Behave As They Do (1998) Colorado: Westview

5. New York Law School Academic…… [read more]


Alternate Dispute Resolution Mediation Term Paper

Term Paper  |  4 pages (1,095 words)
Bibliography Sources: 1+

SAMPLE TEXT:

Defense lawyers, comfortable with the familiar litigation process and the large hourly fees it generates, typically do not aggressively pursue post-claim ADR agreements. (Ellis, 1996)

Given the difficulty in obtaining ADR agreements after a dispute arises, professionals who want to use mediation, ADR, or arbitration should consider asking all clients, or selected clients, to agree to the ADR concept, and sign an ADR agreement prior to the presence of a dispute rather than after. Clients are typically more inclined to agree to ADR before a dispute arises and before becoming emotionally charged in an issue. For this reason, the use of pre-dispute ADR agreements also gives the professional service provider more leeway in dictating the specific terms of the ADR process.

Mediation advocates assert that mediation produces higher quality outcomes because the parties retain control over the dispute and fashion a solution to suit their desires and needs. Consequently, mediation can be directed to provide a "win-win" solution, rather than the "win-lose" outcome of litigation. Mediation also enables the parties to consider innovative and creative solutions rather than just the payment of money, or the 'victory' of one party over Mediators often find the parties need an opportunity to air their grievances, and once that emotional need is satisfied in the mediation conference, settlement demands become much more reasonable.

Another advantage of pursuing a mediated agreement is that the mediated settlement can generally be kept private. For many parties, the worst aspect of litigation is the potential for reputation-damaging publicity, or the fact that all their personal behaviors are exposed in the public marketplace. That possibility is much reduced with the use of mediation where parries can include a confidentiality agreement in their settlement.

Finally, in a non-adversarial mediation conference, the parties may be able to resolve differences amicably and in a fashion that allows continuation of an otherwise mutually beneficial relationship and open communication. For many professionals, the greatest benefit of mediation is the opportunity to preserve the ongoing relationship.

Mediation programs also typically report a 40% to 90% settlement rate (Ellis, 1996). Mediation conferences generally last less time than a litigated approach, and are easily scheduled at the parties' convenience.

Perhaps the most attractive aspect of ADR is that of empowering those in conflict to resolve their differences positively, rather than approaching the disagreement through a confrontational paradigm which required that one party win, and take from the other. The empowerment of disputants is an important issue in mediation. Mediators speak of empowerment as a value that is achieved at both the institutional and the interpersonal levels. At the institutional level, mediation offers citizens full decision-making power in the management of their dispute. Through mediation and ADR, the ultimate authority in mediation belongs to the participants themselves, and they may fashion a unique solution that will work for them without being strictly governed by precedent or being unduly concerned with the precedent they may set for others. (Shaelor, 1997)

Bibliography

Ellis, Lizbeth. Opportunities and Obstacles in Alternative Dispute… [read more]


Criminal Court System Evolution Term Paper

Term Paper  |  6 pages (1,555 words)
Bibliography Sources: 1+

SAMPLE TEXT:

More often, the prosecutors' role is to facilitate prompt adjudication by drafting an offer known as a plea bargain, pursuant to which the defendant (usually through his attorneys) agrees to plead guilty to a lesser (usually included) charge of the criminal complaint in lieu of a trial on the substantive issues of guilt or innocence.

The United States Supreme Court:

The United States Supreme Court retains (ultimate) appellate jurisdiction over all other civil and criminal courts, in addition to original jurisdiction over disputes between states and exclusive original jurisdiction over all matters concerning foreign consuls, ministers and ambassadors. Another essential function of the Supreme Court is to reconcile different state's supreme courts' interpretation (and procedural application) of federal laws and the Federal Rules of Criminal Procedure.

As a general principle, the Supreme Court is likely to review cases involving issues strongly in need of uniformity among the fifty states. Indeed, most cases that the Supreme Court decides to hear arise from the need to resolve issues of federal law in the state courts. The Supreme Court receives in excess of five thousand applications for appeal every year, many of them from criminal defendants, and occasionally, from prisoners already incarcerated protesting various aspects of their confinement and the services and facilities afforded them under constitutional law.

References

Ferdico, J.N. Criminal Procedure for the Criminal Justice Professional

8th Ed. Belmont, CA: Wadsworth (2002)

O'Connor, S.D. The Majesty of The Law: Reflections of A Supreme Court…… [read more]


Bill of Rights in Australia Essay

Essay  |  7 pages (2,018 words)
Bibliography Sources: 1+

SAMPLE TEXT:

Recent suggestions by eminent judges in Australia also point to the fact that Australia needs to refer to international laws and legal systems to develop a framework that can be implemented in the country. It is being increasingly felt that the country's current constitutional provisions are inadequate to sustain the concept of equal justice to all, irrespective of religion, color and race. Increasingly, it is being felt that Australia too needs to incorporate basic human rights provisions that are scrupulously being followed by other major countries. This, it is believed, would enhance the image of Australia as a law abiding state, with provisions for humane justice and legal provisions.

Conclusion

Australia cannot afford to be considered as a country that does not have a strong legal system, which gives great importance to human rights. In the changing world scenario where the internal legal systems and the provisions of the constitution decide many aspects of the quality of living, Australia cannot alienate itself from the rest of the world.

The country must implement the bill of rights because past experiences and the opinion of eminent constitutional authorities affirm that the legal system in the country cannot assure equal treatment of all Australians leave alone the case of people of foreign origin. The bill of rights, if implemented, will show to the world that the country is very serious in up keeping the basic principles of freedom and equality in a world that is increasingly stressing on humane values and ideals.

Works Cited

Kirby, Michael. "A Bill of Rights for Australia - But do we need it?" Law and Justice Foundation of New South Wales, 1997, Retrieved at http://www.lawfoundation.net.au/resources/kirby/papers/19971214_austlaw.html. On April 16, 2004

Author not known. An Australian bill of rights? Study Guide on an Australian Bill of Rights, 2004, retrieved at http://www.uow.edu.au/law/civics/subjectovws/billo.html. On April 15, 2004

Chappell, Louise. The Australian Bill of Rights Debate: Putting the Cart Before the Horse? Australian Review of Public Affairs, 2002, retrieved at http://www.econ.usyd.edu.au/drawingboard/digest/0208/chappell.html. On April 16, 2004

General Reference

Charlesworth, H. Writing in Rights: Australia and the Protection of Human Rights, UNSW Press, Sydney, 2002.

Williams, D. "Against Constitutional Cringe: The Protection of Human Rights in Australia," Australian Conference on Bill of Rights, NSW Parliament, 21 June, 2002, retrieved at http://www.ag.gov.au/ministers/attorney-general/articles/constcringe.html. On April 16, 2004.

Quentin-Baxter, R. Themes of Constitutional Development," New Zealand Law Journal, 1984.

Elkind, J, and A Shaw. Standard for Justice: A Critical! Commentary on the Proposed Bill of Rights for New Zealand, Oxford University Press, 1986.

Hogg, P. And Turpel, ME. "Implementing Aboriginal Self-Government: Constitutional and Jurisdictional Issues," in Aboriginal Self-Government: Legal and Constitutional Issues, Papers prepared as part of the Research Program of The Royal Commission on Aboriginal Peoples Ottawa, 1995.… [read more]


Moral Situation Both Tom Term Paper

Term Paper  |  1 pages (355 words)
Bibliography Sources: 0

SAMPLE TEXT:

However, Joe's failure to provide his wife with the antidote is morally wrong as Tom's deliberate poisoning of his wife. Both men had the opportunity to save their wives, and both made a conscious choice to let their spouses die. Joe simply watched while his wife passed away; he could have saved her and chose not to. During those moments of deliberation, during which he could have given her the antidote, Joe consciously decided to allow his wife to die. Joe's inaction was equally as harmful as Tom's action.

A court of law would probably rate Tom's crime as more severe than Joe's. Although Joe's inaction was as harmful as Tom's action, it would be easier to defend Joe on the grounds that his passivity does not amount to premeditated murder. Joe would probably receive a lesser sentence such as manslaughter or criminal negligence. Because the legal system is in some ways based on societal moral law, such a consideration must also be taken into account when deciding the relative morality of Tom and Joe.… [read more]


Clarence Thomas and Special Interest Term Paper

Term Paper  |  7 pages (2,407 words)
Bibliography Sources: 1+

SAMPLE TEXT:

Since the leaks happened just two days before the Senate was scheduled to vote on the nominee, they appeared to be politically motivated, specifically timed to derail the nomination. The leaks caused the Senate to delay their confirmation vote for one week, giving the committee time to look at the charges. The committee was also under attack for not having… [read more]


Media Coverage of the Scott Term Paper

Term Paper  |  4 pages (1,740 words)
Bibliography Sources: 1+

SAMPLE TEXT:

" (June 1, 2004) CNN.com. Retrieved on June 15, 2004 at http://www.cnn.com/2004/LAW/06/01/peterson.trial/index.html

8.Spilbor, Joanna. (June 11, 2004) Why doubt over Scott Peterson's guilt seems more reasonable. CNN.com. Retrieved on June 15, 2004 at http://www.cnn.com/2003/LAW/06/11/findlaw.analysis.spilbor.peterson/index.html

9."Stepsister describes last sighting of Laci Peterson."(June 7, 2004) CNN.com. Retrieved on June 15, 2004 at http://www.cnn.com/2004/LAW/06/03/peterson.trial/index.html

10.Suspicions from different stories Laci Peterson relative recalls conflicting tales from husband (June 10, 2004) CNN.com Retrieved on June 15, 2004 at http://www.cnn.com/2004/LAW/06/09/peterson.trial.ap/index.html

11.Ryan, Harriet. (June 10, 2004) "Dread of fatherhood could be Peterson's motive, witnesses suggest." CNN.com Retrieved on June 15, 2004 at http://www.cnn.com/2004/LAW/06/10/peterson.case/index.html

12."Prosecutors ask jurors to use common sense to convict Scott Peterson: Trial over slain pregnant wife begins." (June 2, 2004) CNN.com Retrieved on June 15, 2004 at http://www.cnn.com/2004/LAW/06/01/peterson.trial.ap/index.html

13."Peterson attorney Mark Geragos lives in limelight." (May 31, 2004) CNN.com Retrieved on June 15, 2004 at http://www.cnn.com/2004/LAW/05/31/peterson.geragos.ap/index.html

14."Peterson prosecutor shies from cameras. (May 31, 2004) CNN.com Retrieved on June 15, 2004 at http://www.cnn.com/2004/LAW/05/31/peterson.distaso.ap/index.html

15."Victim's clothing key in Peterson case." (June 4, 2004) CNN.com Retrieved on June 15, 2004 at http://www.cnn.com/2004/LAW/06/04/peterson.trial.ap/index.html… [read more]


Distinguish Between the Jurisdiction Term Paper

Term Paper  |  1 pages (446 words)
Bibliography Sources: 1+

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This court reviews trial-court decisions and correct what it considers to be legal errors. The district courts hear most federal cases, and most decisions by them are not appealed to a higher court. Other special U.S. Courts include Claims Court, Court of International Trade, and the Court of Military Appeals.

Each individual state has its own court system which are largely independent of federal court supervision. In each state, the trial courts are at the bottom level and the appellate courts are the top. Each state decides how to select its own justices. Some states prefer short appointments, or the merit plan, and others use general elections. More than 95% of the nation's legal cases are decided in state courts, and it is a myth that the federal judiciary is the most significant part of the judicial system. Cases may be appealed to the Federal courts if they are of a national or constitutional matter.

Bibliography

Chapter 14 Outline.

Deaton, John. "Lesson Three: Relationship of State Courts to Federal Courts." Northland Pioneer College. http://www.northland.cc.az.us/Pos221/Content/module03/m3_l03.htm

Knowledge & Information Services. "State-Federal Relations: Frequently Asked Questions." The National Center for State Courts. January 5, 2004. http://www.ncsconline.org/WC/FAQs/KIS_StaFedFAQ.pdf… [read more]


Universal Commercial Code Term Paper

Term Paper  |  3 pages (919 words)
Bibliography Sources: 1+

SAMPLE TEXT:

However, because Jeff had use of the automobile and was making payments on it, it is unlikely he will be awarded any of his money back. He has 'consumed' a certain amount of the car's useful life and, if anything, he had proceeded in a fraudulent manner. Had he not lost his job, however, it is unlikely he would have wanted to disaffirm the contract, and would have continued to pay for the car, so it is unlikely that he could be charged with fraud as there was no intent to defraud.

4. Grocery's rights under contract law are limited to securing the best outcome in the current circumstances. The reason for this is that "The idea of contract flexibility is embedded in general contract law theory....(which) leads to a preference for laws that provide background rules, playing a default or gap-filling function in a contract relationship. A default rule applies if the parties do not agree to the contrary" (Tasini, 1998). In the case of the Cereal/Grocery dispute, it is apparent that neither party can agree to what should be done. Further, in this case, Cereal actually could rely on the principle of commercial impracticability; it was not through its own fault that a flood damaged a great amount of its product. It would, therefore, be within its legal rights to cancel the contract altogether, or, if it saw fit, to substitute a different product for the one that was ruined in order to fulfill the terms of its contract. The fact that Grocery had requested a different shipment than originally contracted does not mean that Cereal was obligated to do so, especially as the exact components of each case to each store had been left to further discussion. By leaving it unspecified in the contract, however, it may be that Cereal does not even need to claim commercial impracticability. Under common law, it would have been up to Cereal to decide what products to ship to fulfill the contract in the first place. At the very least, Cereal does have a good claim to modify the number of boxes shipped under the commercial impracticability rule.

References

Commercial impracticability. Insurance CCH Web site. Retrieved 8 August 2004 at http://insurance.cch.com/rupps/commercial-impracticability.htm

Forum. Free Advice Web site. Retrieved 8 August 2004 at http://forum.freeadvice.com/showthread.php?s=f4bbb3a767a023c2e52ee4f4fbd776e3&p=682153#post682153

Mallor. (2003) Business law: The ethical, the global & ecommerce environment. New York: McGraw-Hill Companies.

Tasini, Jonathan. (1998) What planet are you on? The working lives of writers and the UCC2B. April. Retrieved 8 August 2004 at http://www.law.berkeley.edu/institutes/bclt/events/ucc2b/tasini.html… [read more]


Buffalo Creek Disaster in February Term Paper

Term Paper  |  3 pages (961 words)
Bibliography Sources: 0

SAMPLE TEXT:

At first, Stern started high, aiming for criminal charges to be filed against Pittston as well as claiming over $30 million in collective damages (punitive and psychological), and individual property claims. The figures were pulled out of the air in large part to the inability of anyone to place monetary values on personal possessions that hold more sentimental than material worth. For instance, in the chapter entitled "They Wasn't for Sale," one of the plaintiffs and victims of the disaster notes that the defendant cannot possibly attempt to place a value on a special tree that flanked his yard.

Calling the Buffalo Creek disaster an "act of God" was, according to Stern, "A public relations blunder," (11). That, along with a report issued by an ad hoc commission of inquiry into the incident by the state claiming Pittston was guilty of "flagrant disregard" placed public opinion squarely on the side of the plaintiffs. However, as Stern emphasizes, lawsuits cannot be tried in the press, and Stern did his utmost to remain ethical in his proceedings. He admits he was "a little nervous" when the case first began," as he had never encountered anything quite like it, but in the end succeeded due to sound legal strategy and patience. The case took years to be resolved and Stern went through numerous depositions as well as a number of failed settlement attempts.

Stern struggled with several pressing strategic questions throughout the case. For example, at first he had to decide who to sue exactly: the Buffalo Mining Company, owner of the dam itself, or Pittston, the sole shareholder in the Buffalo Mining Company and the real brain behind the disaster. Moreover, Stern had to choose whether to file in state or federal court; he wisely chose to sue Pittston in the federal court. The suit would entail having to "pierce the Buffalo Mining Company corporate veil," but the efforts proved worthwhile (51). A grand jury decided for Stern that no criminal charges would be filed.

The federal government did initially provide the survivors of the Buffalo Creek disaster with rent-free trailers, which though at first were appreciated, "soon felt like concentration camps," (48). Stern's efforts were all the survivors had in rebuilding their lives with dignity and in assuring that such a disaster would not happen in the future. The lawyer's personal impressions and compassion for the people of Logan County are remarkable, given the difficult nature of such a trial. The author speaks about the specifics of the case: about the various stages in its developments, of setbacks such as Pittston's ability to refute the use of several "absent plaintiffs." However, most of the case was a series of boons for the plaintiffs, who succeeded in securing sufficient financial compensation for their hardships. Readers unfamiliar with legal terminology need not be frightened by The Buffalo…… [read more]


Media Coverage of Trials Term Paper

Term Paper  |  1 pages (439 words)
Bibliography Sources: 1+

SAMPLE TEXT:

In spite of these rules, we have seen media frenzies over such cases as O.J. Simpson and currently, Scott Peterson, on trial for the murder of his wife and unborn son.

Some experts give lawyers advice for revealing information to the press, such as "Be careful about language. Any blatant, snooty, or insulting remarks may backfire and result in adverse litigation publicity" (Staff writers, 2000).

Perhaps what is needed is stricter adherence to the 1983 rules based on judgments of what the likely impact of statements would be. If the media reports that rags found in Peterson's home may have been used to clean up blood, that statement could reasonably be interpreted as strongly suggesting guilt. We may not need more rules, but closer adherence to the ones already in existence.

Bibliography

Bruschke, Jon, and Loges, Willam E. 1999. "Relationship Between Pretrial Publicity and Trial Outcomes." Journal of Communication, Vol. 49.

Dixon, Travis L., and Linz, Daniel. 2002. "Television News, Prejudicial Pretrial Publicity and the Depiction of Race." Journal of Broadcasting & Electronic Media, Vol. 46.

Lassiter, Christo. 1996. "TV or Not TV - That Is the Question." Journal of Criminal Law and Criminology, Vol. 86.

Staff writers. 2000.…… [read more]


Status Offenders Throughout Modern History Term Paper

Term Paper  |  4 pages (1,256 words)
Bibliography Sources: 1+

SAMPLE TEXT:

Eventually the juvenile system could not meet the original goals of rehabilitation; there were just too many youths. Treatment moved to group settings such as juvenile facilities (O'Connor & Treat, 1996). Individual treatment became sporadic or completely absent. This resulted in a juvenile system that often gave out lesser sentences for crimes that would have been dealt with more severely had the person commiting the crime been an adult (O'Connor & Treat, 1996).

As the system got bogged down under its own weight, the actual ability of the courts to act as parens patriae diminished. The courts could no longer act as counselor or therapist, and locking up a youth in a juvenile facility for sexual activity or for truancy from school made no sense, was expensive, and often was counter-productive. At the same time, rulings by the Supreme Court required due process rights fo juveniles, such as the right to have a parent present while being questioned, the right to an attorney if charged, and other legal protections given to adults (O'Connor & Treat, 1996). One unanticipated result of this was that the standards in juvenile courts became tied to the standards for adult criminal court. The juvenile courts were now far less parens patriae and much more a second legal system for younger offenders.

Today, the juvenile court system is mostly a milder version of the adult criminal court system (Feld, 1997). The youth who appear before it typically are charged with serious crimes, and status offenses are no longer treated as a reason for the courts to intervene. Some municipalities have passed law to codify some behaviors as illegal. For instance, where in the past, youth could be brought before a judge because a parent or police officer felt the person was out too late with no good reason, today many municipalities have legally-enforced curfews. In such municipalities, youth charged with curfew violation have broken a specific law and have specific standing in that regard when they go to court. Likewise, most municipalities have laws regarding truancy, although when a youth is found to be truant, it may be the parents who are judged in violation, as many municipalities view it as the parents' responsibility to make sure their children attend school.

One place where the policy of parens patriae still applies is in the foster care program. When parents are deemed unfit to raise their children, the court can step in, remove the children from that home and place them in a foster home. However, this takes place through some sort of family court, and the parents of the children are deemed responsible for any lack of care. parens patriae applies in family court, where the court can order counseling or other therapy for a youth in need.

Thus, juvenile court is no longer an institution designed to protect youths from a more punitive adult system, nor as a vehicle for social change. Due to court rulings and changes in society view of court roles, status… [read more]


France Rural Society in Early Term Paper

Term Paper  |  6 pages (1,951 words)
Bibliography Sources: 1+

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Indirectly there are other insights into the political nuances such as France's boarder disputes with Spain, conscription and even medical capabilities of the time as the subject of the story survives amputation and war.

Another insight is that we humans repeat history over and over. One example of this phenomena can demonstrated by how we in the twenty-first century fear being the victim of personality theft as was the case in Davis' story. I feel she did an excellent job of taking the historical facts and working them into the story and then modernizing the thought process so the story becomes timeless. Davis' thoughts and beliefs were created from historical fact and that made the plot enjoyable.

This type of work is very important in the sense that it makes learning history more interesting and enjoyable. Understanding that the legal system throughout history was a viable source for authors and historians never made it any easier to obtain facts or those facts easier to understand. Throughout history the victor held the pen. In other words, to the victor go the history books instead of the spoils. Davis, in her approach, simplified both the legal process, early modern French life and societal intricacies of peasantry even though the it was a world for the rich and they dictated historical entries.

Conclusion

In conclusion, the main purpose of this report was to first demonstrate my ability to understand and analyze historical works and secondly to compare how the authors Natalie Zemon Davis and George Huppert presented rural society of early modern day France. The report used comparison as a tool to show how the two authors emphasized similar features and traits of the rural society but each author made important distinctions in their works. The authors attempted to present their version of the characteristics of early modern French rural society members by writing about the essential traits of family life, peasantry and how those individuals could be affected by the legal system of the time. The report also honed in on Natalie Zemon Davis to see how convincing her case was in regard to rural life and what explicit evidence she used to bolster her argument. It was apparent that both authors were well read on the topic of rural society in early modern France and I provided my interpretation of how important a contribution these books make in our understanding of the lives of the poor in the early modern French society.

Works Cited

Davis, Natalie Zemon. "The Return of Martin Guerre" Add Journal or book publisher name (Add Year).

Huppert, George. "After the Black Death: A Social History of Early Modern Europe." Add Journal or book…… [read more]


Scotus Brown V Board Research Paper

Research Paper  |  3 pages (1,007 words)
Bibliography Sources: 3

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SCOTUS

Brown v Board of Education is one of the seminal cases of the civil rights movement, prohibiting the separation of schools by race. The case centered around the doctrine of "separate but equal," which derives from the key precursor case was Plessy v Ferguson. The 14th Amendment, passed in 1868 in the wake of the Civil War, "strengthened the legal rights of newly freed slaves by stating, among other things, that no state shall deprive anyone of equal protection of the law" (U.S. Courts, 2013). The reality is that there was substantial opposition to the 14th Amendment, and in many parts of the country there was still substantial discrimination against blacks. Plessy v Ferguson established the 'separate but equal' doctrine that argued that while blacks had a legal right to equal services, these could be separate from the services offered to whites.

The result of Plessy was that racially-segregated school systems were allowed under the interpretation of the law at the time. The idea was simply that as long as the school systems were equal that they could be separate. In practice, however, facilities for blacks were seldom equal. These inherently unequal school systems were therefore in violation of the 14th Amendment's equal protections. Brown was actually five different cases that were rolled into one, because they were all pertaining to the inequalities inherent in the black school systems, which were perpetually underfunded. In the Brown case, there were far fewer black schools in Topeka, leading to a situation where black students had to travel much further to get to school that did white students.

Brown was a unanimous decision, something that is unusual in the Supreme Court.. All nine judges voted to find that segregated school systems were in violation of the equal protection clause of the 14th Amendment. The majority decision was written by Chief Justice Warren. Justice Warren noted that opposition in the case was focused on the circumstances surrounding the adoption of the 14th Amendment. A lot of what Warren wrote focused on the history of the doctrine of separate but equal, and how the courts have wrestled with this doctrine ever since Plessy. It seems that Brown was the first case to bring this strong a challenge to the doctrine. One of the issues in the earlier cases was that there was no need to revisit the doctrine in order to grant the plaintiff relief, whereas with the school system there was, and that is why Brown became the case where the doctrine was challenged in the Supreme Court.

It should also be noted that Brown was not an accident. The National Association for the Advancement of Colored People (NAACP) had been working for a couple of decades to address this doctrine, both in the courts and with Congress, but had not been successful. The group, and other civil rights groups, were looking for cases that they could use to challenge Plessy and have the doctrine struck down. Brown and the other cases that… [read more]


Alger Hiss: Why He Chose Book Report

Book Report  |  11 pages (3,339 words)
Bibliography Sources: 1

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Alger Hiss: Why He Chose Treason

During 1948, former United States Department official Alger Hiss was a man that was accused of being a spy for the Soviet Union. Since the statute of limitations on espionage ran out, however Hiss was convicted only of what was called perjury. However, decades later -- after the Hiss trial was far from over… [read more]


Justice in Film the Aftermath Film Review

Film Review  |  3 pages (816 words)
Bibliography Sources: 2

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¶ … Justice in Film

The aftermath of World War II is the backdrop for a courtroom drama titled Judgment at Nuremberg which deals with the concept of how judges are responsible for the administration of justice. The film is based on a real-life military tribunal which took place in 1947 and brought to justice four former Nazi judges. But the main issue the film deals with is whether or not judges should seek justice in their courts or simply enforce the law, however immoral it may be. As the prosecution stated, the four judges in the film are being charged not with the violation of civil or constitutional rights, but for "murder, brutalities, torture, [and] atrocities…," which were the result of their failure to administer justice. (Kramer, 1961, 15:00)

The prosecution began by presenting evidence of the many atrocities committed by the Nazis during the war, especially the millions killed in the numerous concentration camps. But as an example of how the defendants in the film held personal responsibility for their failure to administer justice, a case brought before one of the defendants, Ernst Janning, was presented. Janning had been a famous jurist before the Nazis came to power but cooperated with them during their anti-Jewish prosecutions. The case in which Janning presided involved a Jewish man who was found guilty of having relations with a German girl; and was based on a real-life case. Even knowing that the girl was being forced to falsely testify against the innocent Jewish man, Janning, the presiding judge, still allowed the prosecution and the eventual death sentence to take place. Anti-Jewish laws had been passed by the Nazis and Janning operated his court based on those laws. In effect the character of Janning followed the letter of the law, even though it was immoral, and allowed an innocent man to be put to death. This was the moral question that Janning and the other judges had to grapple with. In the end Janning came to realize that a judge is supposed to seek justice, not mechanically enforce laws, especially if they are immoral. He accepted the responsibility for his inability to separate justice from the law as well as the horrific results that came about as a result.

Part 2

The film titled A Civil Action, involves a common case: a wrongful death lawsuit. However, while the type of case may be more familiar to the viewer, the film actually…… [read more]


Prosecutors' Duties Prosecutors Are Governed Term Paper

Term Paper  |  2 pages (682 words)
Bibliography Sources: 2

SAMPLE TEXT:

The Constitution entitles a person to certain inherent individual rights prior to, and after arrest, regardless of the crime under investigation (Kurcias, 2000). The fourth amendment grants a person the right to enjoy a quiet life, free from unreasonable searches, and unwarranted seizures (Kurcias, 2000). This implies that the legal system ought to use the proper channels in obtaining any proof or information regarding a suspect (Kurcias, 2000). Moreover, there is the Presumption of Innocence, which considers a person legally innocent until their guilt has been proven (Kurcias, 2000). These rights have to be observed, because the failure to do so grants the defendant strong grounds for filing a motion to dismiss (Sands et al., n.d.).

During jury selection, each prospective juror undergoes questioning and vetting to ascertain his/her ability to be truthful (Kurcias, 2000). The 'voir dire oath' is administered to each one, after which the defense and prosecution counsels are given an opportunity to challenge them. The suitable jurors are then selected from the pool of potentials, and instructed with regard to the case at hand. In the most serious of cases, the jury may be sequestered, and prevented from interacting with the outside world (Kurcias, 2000).

During trial, the jury weighs the evidence presented against the crime committed, judges the accused either guilty or innocent, and recommends sentencing, if the former is the case (Kurcias 2000). The judge only adjusts, and then applies the sentence (Kurcias, 2000).

Conclusion

The Constitution grants an accused person the right to fair and equitable treatment. The jury trial may have its share of flaws, but is undisputedly better than a single-judge system, which could be marred with bias and prejudice. These are less likely to take effect in the case of a jury trial.

References

Kurcias, L.M. (2000). Prosecutor's Duty to Disclose Exculpatory Evidence." Fordham Law Review, 69(3), 1205-1229.

Sands, J., Miles, C. Kalar, S., Davids, P., Hansen, G. & Katchen, J. (n.d.). Prosecutorial Misconduct. FD. Retrieved…… [read more]


Protective Function Privilege -- Definition Essay

Essay  |  4 pages (1,528 words)
Bibliography Sources: 4

SAMPLE TEXT:

In conclusion, Lane's viewpoint may be somewhat skewed because The New Republic is a left-leaning publication -- and Starr was a well-known Republican who did not hide his contempt for President Clinton -- but the bottom line is that a precedent has been set, and agents of the Secret Service can in the future be called to testify in matters involving the President. Whether good or bad, pro-or con, this is how the government works: alleged wrongdoing is investigated and special prosecutors use whatever legal tools they have to bring justice to the situation. The process is of course political, and of course there are inherent biases, but this is how the concept of protective function privilege was defeated in a politically charged chapter of U.S. history.

Works Cited

Johnson, N.H. (1998). From U.S. District Judge's Holloway's Order.

Kennedy, M.N. (2005). Escaping the Fishbowl: A Proposal to Fortify the Deliberative Process

Privilege. Northwestern University Law Review, 99(4), 1769-1782.

Lane, C. (1998). Unprotected. The New Republic, page 6.

Lacayo, R., Carney, J., Duffy, M., Novak, V., and Shannon, E. (1998). Strictly…… [read more]


Grand Jury: Needed or Not? Term Paper

Term Paper  |  2 pages (673 words)
Bibliography Sources: 2

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Critics argue that the jurors do not represent a sampling of the community and they are also not qualified for the jury service. This claims imply that they do not posses an ability tat is satisfying when it comes to asking pertinent questions, or do not sufficiently understand the local government and concept of the due process. Grand jurors are not screened to dispel any bias or improper factors. Secondly, grand jurors have a limited constitutional right the prosecutor is not obliged to make presentations of evidence that will favor those that are under investigation. The people who are subject to the grand jury proceedings lack a sixth amendment constitutional right when it comes to counseling within the grand jury room .They also lack a sixth amendment right to cross-examine or confront a witness. Grand juries have also been accused of using intimidation tactics. They have been accused of being used for purposes of intimidation and persecution mechanism especially when it comes to whistleblowers that have been accused of stealing classified information (Farlex, 2014).

These criticisms are a clear indication that the grand jury system requires some reforms .these reforms are such as better instructions from jurors or judges concerning the powers of the grand jury as well as making it independent from prosecutors. There should be increased grand jury transcripts for the suspects that will be indicted eventually. There should be an increased safeguard against abuse of eth witnesses which included being educated on their rights and the presence of their attorneys. The appearances by investigators targets should be made optional and not mandatory. The requirement of prosecutors presenting defense evidence should be put to an end and replaced with a requirement of grand jurors being informed incase the defense is not represented in the hearing.

References

Leipold, A.D., (2005). Why grand juries do not (and cannot) protect the accused. Retrieved February 21, 2014 from http://www.freedomlaw.com/archives/oldsite/GRANDJRY.html

Farlex, Inc., (2014). Grand Jury. Retrieved February 21, 2014 from http://legal-dictionary.thefreedictionary.com/Grand+jury… [read more]


Appellate Court Process Term Paper

Term Paper  |  5 pages (1,627 words)
Bibliography Sources: 5

SAMPLE TEXT:

When this happens, the individual files a "writ of certiorari," to ask the Supreme Court to review the case. The Supreme Court of the United States will hear the case if federal principles are clearly at stake, or if the appellate courts recommend that the case be reviewed due to their being dissenting opinions among justices.

Very rarely will appeals bypass the appellate courts and go straight to the Supreme Judicial Courts. In some states, like Massachusetts, first-degree murder appeals are heard first by the Supreme Judicial Court to ensure expediency (Massachusetts Judicial Branch, 2014). Supreme Judicial Courts in some states also have the power to automatically hear cases brought before the appellate courts. This may be done to avoid redundancy in the system, because "the process minimizes the number of cases that must be decided by both the Appeals Court and the Supreme Judicial Court," (Massachusetts Judicial Branch, 2014).

The appellate process affirms a citizen's right to a fair trial, as protected by the constitution of the United States. If a trial is believed to be unfair, the individual may compile a legal brief outlining the evidence presented in the court records, showing why the judge's decision did not reflect the merits of the case. The appellate courts are obliged to hear appeals that indicate a trial judge made a mistake. After hearing oral arguments, the court of appeals rules either that the original decision is upheld, or the original decision is to be reversed.

References

"Appellate Procedure," (n.d.). Cornell Law. Retrieved online: http://www.law.cornell.edu/wex/appellate_procedure

Mahacek, J.P. (n.d.). How does the appellate process work? Retrieved online: http://appellatelawyercalifornia.com/id70.html

Massachusetts Judicial Branch (2014). An overview of the appellate process. Retrieved online: http://www.mass.gov/courts/sjc/overview-of-appellate-process.html

United States Courts (2014). The appeals process. Retrieved online: http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/HowCourtsWork/TheAppealsProcess.aspx… [read more]


When Is the Miranda Warning Required? Essay

Essay  |  2 pages (716 words)
Bibliography Sources: 1+

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findlaw.com). To wit, being handcuffed is certainly being in police custody, and the Ohio Bar Association restates the police custody issue: it becomes a "formal" arrest when a suspect "is not free to leave."

Moreover, if police have a suspect in custody, and they do not make that suspect aware of his Miranda rights, "…nothing said in response to a custodial interrogation can be used against you; in addition, any evidence that is derived from that improper interrogations is also inadmissible" (www.findlaw.com). However, there is a qualification to the evidence of the weapon in the trunk; that is, Officer Jones could argue that he would have found the hat and the weapon with or without John's statement that the gun was in the trunk. Hence, John could be charged with grand theft auto.

So, as to the question of what charges should be brought against John, the prosecuting attorney (sometimes the District Attorney) can charge him with grand theft auto, and see how well that goes. But this could get interesting because if I were the defense attorney, I would argue that while in custody and being questioned, John was not read his Miranda rights. So his admission that he stole the car could not be used in court, I would argue were I his defense attorney.

If I were the prosecuting attorney, however I could also consider charging him with being part of an illegal street gang. John made that statement freely and without questioning or coercion that he was a gang member. The Ohio Bar Association explains that "offhand remarks" that were not solicited by the officer -- even if "is an admission of guilt" -- can be used in court against the suspect. Many states have laws against membership in gangs, hence, John could be charged under that law as well.

Works Cited

Findlaw.com. "Miranda Warnings and Police Questioning." Retrieved March 12, 2014, from http://criminal.findlaw.com. 2012.

Ohio Bar Association. "Police Must Give Miranda Warnings." Retrieved March 12, 2014, from http://www.ohiobar.org.… [read more]


Hearsay Rule Term Paper

Term Paper  |  2 pages (757 words)
Bibliography Sources: 2

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What are the four main dangers of hearsay? Explain in detail

Research has indicated that the four main danger of hearsay are ambiguity, insincerity, inaccuracy, and perception. Ambiguity is a situation where something could be understood in many ways, and the intended meaning is not clear. Insincerity meaning hypocritical does not demonstrate the truth of the matter. It is not easy to establish if the witness providing the hearsay is sincere or not, especially if the person been quoted is not available. Inaccuracy of the witness's memory could result in errors of presentation of false information. Perception involves the determination of a statement. This means establishing if the communication been presented is a statement. The person who made the initial statement is not available in court, therefore, the court relies on circumstantial evidence in regards to the declarant's intent.

What are the hearsay exceptions? Explain

The exceptions to hearsay are excited utterance, which are statements made when the declarant was over excited because of a condition or event Orenstein, 1997.

Present sense impression implies that the statement is explaining a circumstance or incident immediately after it occurred. A record made when the witness was of sound memory, but they now have inadequate memory, which denies the witness an opportunity to fully testify. Business records are exceptions of the hearsay rule, and public records that pertain to reports, proceedings or statements of any form.

Are there any hearsay exceptions that you disagree with? Why or why not? Explain

The United States court system is not devoid of imperfection, but it works. This indicates that there is no justification for disagreeing with the hearsay rule. The definitions provided for the hearsay rule are necessary to ensure that the court system remains fair. Fairness provides the prosecution and the defense an opportunity to present and question the witnesses. Fairness in the trials is guaranteed by interpreting and applying laws correctly. Hearsay exceptions ensure that statements are presented in a manner that does not unfairly affect a case.

References

Morgan, E.M. (1920). Admissions as an Exception to the Hearsay Rule. Yale LJ, 30, 355.

Orenstein, A. (1997). " MY GOD!": A Feminist Critique of the Excited Utterance Exception to…… [read more]


Davis V Dona ANA County Term Paper

Term Paper  |  3 pages (871 words)
Bibliography Sources: 3

SAMPLE TEXT:

¶ … Davis v. The Board of Commissioners of Dona Ana County. This case is from New Mexico in 1999. At the heart of the case is an alleged sexual assault by a medical practitioner at a psychiatric facility. The hospital had hired the physician in question in part on the basis of a favorable recommendation from his previous employer, the County. The physician's employer had given strong recommendations that did not mention his reprimands for sexual assault. The case has bearing on the issue of giving employer recommendations. Despite their value to human resource departments, there is cause in light of this case to curtail the practice because of the legal exposure it could cause.

Legal Issue

The legal issue at the heart of this case is the matter of employer recommendations. An employee of the Country, Frank Steele, had authored a recommendation for Joseph Herrera. The letter did not mention that Mr. Herrera had been reprimanded for sexual misconduct during the course of his two years at the County. Mr. Steele was aware of this, and had at one point suspended Herrera without pay and demoted him. Mr. Herrera was facing a disciplinary hearing when he resigned. Just six days later, Mr. Steele authored the glowing recommendation that made no mention of Mr. Herrera's disciplinary issues. Mesilla Valley Hospital hired Herrera in part on this recommendation, and it was at that point that Herrera committed sexual assault against Mariah Davis, the plaintiff. At issue is the extent of the duty of care that Mr. Steele owed to Mesilla Valley Hospital with respect to the letter of recommendation that he wrote on behalf of Mr. Herrera.

Negligent Referral

Following the assaults on Ms. Davis, it came to light that Mr. Herrera had faced disciplinary action for sexual misconduct at his previous position. It was held by the Courts of Appeals of the State of New Mexico that the County and Mr. Steele did owe a duty of care to MVH. They were obligated to provide a full and honest record of Mr. Herrera's employment, including his disciplinary actions. There is a balance in law between negligent referral and defamation -- companies are concerned that if they reveal anything negative about the former employee that they might face suit from that former employee. Such a scenario would involve Mr. Herrera claiming that disclosing records of his discipline the County was defaming him and in effect rendering him unemployable.

Negligent referral, however, involves almost the opposite -- failing to reveal material information. The Davis v Dona Ana County case was preceded by a decision in 1997…… [read more]


Gregory v. Helvering: Case and Source Analysis Research Paper

Research Paper  |  2 pages (624 words)
Bibliography Sources: 2

SAMPLE TEXT:

Gregory v. Halvering

Gregory v. Helvering, 55. Ct. 266 (1935)

I accessed the case of Gregory v. Helvering, 55. Ct. 266 (1935) via www.justia.com. Before briefing the said case, it would be prudent to first comment on the authoritative weight of the source.

Justia's Authoritative Weight:

Justia, as the company points out on its website, "provides Internet users with free case law, codes, regulations, legal articles and legal blog and twitterer databases, as well as additional community resources" (Justia, 2013). Its mission, as it further points out, is to ensure that the society benefits from the advancement, as well as availability, of legal resources. Currently, the company's headquarters are located in Mountain View, CI. Essentially, Justia's authoritative weight could be evaluated on three key fronts, i.e. its key partners, top leadership, and reputation.

With regard to its key partners, the company points out that to ensure that the online community has free access to legal information, it partners with "educational, public interest and other socially focused organizations" (Justia, 2013). By dint of working with such organizations, especially educational organizations, Justia can be regarded an authoritative source of legal information.

When it comes to the company's top leadership, it is important to note that two of its topmost leaders are accomplished legal professionals. In addition to being members of the State Bar of California, both the Chief Executive Officer and the President have vast experience in law practice. On this front, one could conclude that Justia has the best legal brains at the helm to advance its agenda.

On its reputation, Justia is regarded an authoritative source of legal information by most independent commentators and experts. For instance, as Elias and the editors of Nolo (2009) point out, "Justia is a very comprehensive, free site…" As they further point out, it has many useful resources that could come in handy for any individual…… [read more]


Psychologists in the Courtroom Essay

Essay  |  4 pages (1,820 words)
Bibliography Sources: 1+

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This determination is based on the Dusky vs. United States decision, which held that the ability of a defendant to consult with an attorney about his case must take place "reasonable degree of rational understanding." Defendants have been known to feign mental illness in order to avoid lawful prosecution. In this case, a forensic psychologist is engaged by the court to assess the mental status -- and often the intelligence -- of the defendant with respect to competency. Consideration of a defendant's state of mind at the time a crime was committed includes evaluation to identify the presence of mental delusion or some other form of "temporary insanity" that would preclude normal judgment about right and wrong and inhibition. Should a defendant be found competent to stand trial and considered to be sane during commission of the crime, the court is likely to still have questions about the psychological and environmental origins of the defendant's offense, which are related to risk of reoffending. In this situation, a forensic psychologist is likely to interview family, friends, neighbors, and co-workers about the defendant in order to identify mitigating circumstances, such as child abuse or intimate partner violence. In a capital offense, a forensic psychologist may also conduct examinations to analyze the likelihood of the criminal to re-offend, and also identifies other co-morbid conditions that contribute to risk.

References

American Board of Forensic Psychology (ABFP). (2009) Forensic psychology. Found online at http://www.abfp.com/brochure.asp

Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed. 2d 469, (U.S. Jun 28, 1993) (NO. 92-102)

Dixon, Lloyd, and Brian Gill. (2001). Changes in the Standards for Admitting Expert Evidence in Federal Civil Cases Since the Daubert Decision. Santa Monica, Calif.: Rand Corporation.

Forensic Science and Standards Act (July 12, 2012). House Bill 6106. Retreived http://aafs.org/sites/default/files/pdf/Forensic_Science_and_Standards_Act_2012.pdf

Huss, M.T. (2001) What is forensic psychology? It's not silence…… [read more]


Ethics Essay

Essay  |  3 pages (1,025 words)
Bibliography Sources: 1+

SAMPLE TEXT:

d.). For one, the courts are taking a stance because it is important that all attorneys remain cognizant of Krogh's wrongdoing. To readmit Krogh would be sending the wrong message. Second, the courts acknowledge that Krogh's reputation had previously been unsullied and that it is a tragedy that one so well educated and accomplished would fall so low. After admitting the fact, the courts note that prior reputation does not excuse one from any immoral activity, especially felony activity. Third, the courts stress the importance of the oath attorneys take when they are admitted to the bar. Attorneys at law are responsible literally for the lives of those they represent and serve. Attorneys working for the White House have an even greater and graver responsibility. Krogh acted willfully against the law, when he should have worked harder to promote justice. A person who practices law cannot break the law and still be considered professionally viable, even when it was the President of the United States who delivered the orders to unlawfully retrieve evidence.

The reasons Egil Krogh believed, and likely still believes, he should not be disbarred from the disciplinary board of the State of California include the following. First, Krogh claims that he was innocent and righteous prior to the involvement in the surveillance and Plumber scandals. He claims that his supervisors unduly pressured him, and that he should not suffer for problems that were far greater than he was. Krogh believes that anyone in his position would have acted similarly, given the nature of the position and the fact that the President of the United States is not a force to be reckoned with in any way. Termination of employment is not the issue; the issue is of broader reputation and the ability to conduct business. Essentially, had Krogh resigned, he might not found gainful employment but had he blown the whistle, then he might have suffered far worse consequences. As Leddy (2007) puts it, Krogh claims he has "learned his lessons," (p. 1).

Overall, Krogh's self-defense is weak and baseless. He is trying to shirk responsibility for his own immoral actions by claiming to have been swept up in a culture of ineptitude. Even if a culture of ineptitude existed, as it surely did, he was a highly educated, intelligent person capable fully of making his own moral decisions. Resigning from a position of power is difficult; as one sacrifices great money, power, and prestige: elements that were fought for hard during the course of one's career. To give up everything one fought for is not something anyone wants to do, especially when it is a high level White House position that most attorneys would want. Koch is a sympathetic fall guy, but he is certainly not exempt from the higher ethical codes that demand personal responsibility.

References

Leddy, C. (2007). Egil Krogh tells his story in "Integrity" Christian Science Monitor. Retrieved online: http://www.csmonitor.com/2007/1211/p17s01-bogn.html

"Thinking Critically About Relevant Legal Issues." (n.d.).… [read more]


Padilla v. Rumsfeld Term Paper

Term Paper  |  15 pages (4,611 words)
Bibliography Sources: 1+

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The decree, at the time, is that at any time a habeas petitioner pursues to challenge his present physical charge within the United States, he should name his keeper as defendant and make the correct means to start filing the petition in the district of imprisonment (Rumsfeld v. Padilla, 2005).

U.S. Supreme Court Reasoning

Basically, in the Padilla case, the… [read more]


Supreme Court: Due Process Research Paper

Research Paper  |  3 pages (993 words)
Bibliography Sources: 3

SAMPLE TEXT:

The Supreme Court ordered a new trial, based on Brady and the 14th Amendment, noting that during the first trial, there was insufficient disclosure that Taliento had received immunity from prosecution. As a result, the trial in which Giglio was convicted was a violation of due process -- it needed to be disclosed that the reason Taliento was giving testimony is because he had received a deal in exchange for that testimony. It is worth noting that, as an extenuating circumstance in this case, Taliento's testimony comprised the majority of the evidence presented at Giglio's trial. With Taliento, there was likely not have been an indictment much less a conviction of Giglio. Taliento's credibility, therefore, was an important issue in this case, and the jury needed to know everything in order to make its assessment about Taliento's credibility.

The third case, United States v. Agurs, 427 U.S. 97 (1976), is a further clarification on key issues of witness credibility. In this case, Agurs had been convicted of second-degree murder. In the case, the Agurs defense would note that Sewell had a criminal record, and that this was material. In the first trial, this criminal record had not been noted, but the argument was that this criminal record was material to Agurs' claim of self-defense in Sewell's death by stabbing.

The court found that due process was not violated in the failure to disclose Sewell's criminal record. The criminal record of the victim was therefore not found to be material in the question of whether or not Agurs was guilty. The finding of the Supreme Court seems to be based on this case specifically, because it still allowed for Sewell's character to be an issue in the trial, but accepted that the criminal record did not change the impression of Sewell's character. This case does not seem to address the issue of what might happen should a criminal record be something unpredictable about the victim -- does the victim's reputation matter? The Agurs case seems to have the most limited relevance of the three cases because the decision seems specifically based on the circumstances of this case, and might not be widely applicable. The idea that the victim's character is irrelevant is one that has remained in the justice system, however. The prosecutor is under no obligation to reveal such information about the victim because it is not material; other information that might affect the trustworthiness of witnesses or evidence, however, is material and therefore must be disclosed. The three cases combined set the boundaries of due process under law.

References

Brady v. Maryland - 373 U.S. 83 (1963). Retrieved June 6, 2014 from https://supreme.justia.com/cases/federal/us/373/83/case.html

Giglio v. United States - 405 U.S. 150 (1972). Retrieved June 6, 2014 from http://supreme.justia.com/cases/federal/us/405/150/case.html

United States v. Agurs - 427 U.S. 97 (1976). Retrieved June 6, 2014 from http://supreme.justia.com/cases/federal/us/427/97/… [read more]