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Papers On Law & Legal Systems
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Due Process of Law
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A 10 page paper on due process of law under Miranda and Gideon as they apply to Fifth and Fouteenth Amendment Constitutional rights re equity in right to counsel. The paper argues in defense of these rights by providing opposing arguments and making a strong argument in support of continued protection of equitable rights for individuals. The argument relies on these cases and Constitutional law in relationship to the due process procedures defined by these cases. Bibliography lists 8 sources.
Filename: Dueprlaw.wps

Due-on-Sale in Michigan
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A 6 page memo to a law practice client in Michigan explaining the due-on-sale clause of the mortgage contract and Michigan law, and why she cannot circumvent the law by writing a land contract effectively selling the land on which a house is situated without also paying off the mortgage so that a new one – at higher interest – can be written. The memo provides issues of law, a discussion and conclusion. Bibliography lists 4 sources.
Filename: KSlawMIdueOnSale.rtf

DUKE V. WAL-MART INC: CLASS-ACTION QUESTION
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This 8-page paper discusses the case of Duke v Wal-Mart Inc. and its implication to future class-action suits and business. Bibliography lists 3 sources.
Filename: MTdukevwal.rtf

Duties of Trustees Over Their Investments
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This 7 page paper discuses the statement “On the one hand the law gives the trustee the same powers of investment as those of an absolute owner; on the other hand he can not exercise such powers as can an absolute owner”. This is considered by looking at the powers and duties of a trustee paying particular attention to the constraints on the exercise of a trustee's power of investment. The paper is writer with reference to English law. The bibliography cites 7 sources.
Filename: TEduttrust.rtf

Duty of Care
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This 10 page considers the duty of care in different instances including the duty of a land occupier and an employer. Three cases are considered, the first looks at a child trespasser that is injured on railway property, the second looks at a secretary with repetitive strain injury and the third considers a death that occurs as the result of a cable snapping on lifting equipment. The situations are each considered using relevant statutes and case law. The paper is written with reference to English Law. The bibliography cites 4 sources.
Filename: TEtrespa.rtf

Duty to Care; UK Law
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This 8 page paper considers the aspect of duty to care that was laid down by the case of Donoghue v Stevenson (1932), and considers the way in which the House of Lords made their decision in the case of X and others (minors) v Bedfordshire County Council (1995). The writer considers if the decision that was reached can be seen as beyond criticism. The bibliography cites 3 sources.
Filename: TEdutyca.rtf

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.
Filename: PPhearsa.wps

E-Commerce and the Law
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This 12 page paper considers the risks of e-commerce identifying breach of copyright as one of the most relevant, followed by privacy concerns of employees and confidentially concerns of employers. The writer considers this from a UK legal perspective. The bibliography cites 12 sources.
Filename: TEecomnt.rtf


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