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Papers On Litigation, The Courtroom & The Trial System
Page 26 of 31

The Case of Campagnola V. Mulholland, Minion & Roe and Its’ Relevance Within The Legal System
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The 16 page paper looks at the case of Campagnola V. Mulholland, Minion & Roe, its’ background and outcome and a variety of related subjects. After discussing the case the paper considers why the courts’ finding was right, discusses the role of public policy, looks at the role of judges how judges decide cases and implement, or even make, the law and finally why the case could have been heard under contract law or tort. The bibliography cites 14 sources.
Filename: TEcamplaw.rtf

The Concept of Fairness in the Law of Natural Justice in Jurisprudence of the Commonwealth Caribbean
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This is a 10 page paper discussing the concept of fairness and natural justice in regards to the jurisprudence of the Commonwealth Caribbean. The concept of fairness adds to the law of natural justice especially in its application of the jurisprudence of the Commonwealth Caribbean. The Commonwealth Caribbean, comprised of over 15 island and mainland nations in the Caribbean, has a system of law based primarily on that of the United Kingdom and on each nation’s colonial history. Some nations have components of the colonial Dutch and French systems as well because of historical ties. Regardless of the nation however, the Commonwealth Caribbean was considered one of the areas of the world in which basic laws of human rights, natural justice and natural law, were not being followed in regards to fairness, justice and equality within the judicial system. Prisoners unable to afford representation were not always provided with legal aid and were therefore not offered fair trials, decisions or appeals. With an international push for fairness in judicial systems, organizations were formed providing representation for criminals in the Commonwealth Caribbean in the mid-1990s and more recently constitutional amendments have been included providing for legal aid representation in all cases. Several amendments have been enforced within the judicial system as well to follow constitutional law to provide fair and just representation in regards to decisions pertaining to court justices and despite the power of the Chief Justice within the judicial system, he must also follow the concept of fairness in his application of justice within the judicial system itself. Bibliography lists 12 sources.
Filename: TJJurCC1.rtf

The Concept of Mens Rea / Intent to Commit a Crime
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6 pages in length. A comprehensive discussion of Mens Rea, the legal principle upon which we base our requirement of intent for a finding of guilty. Covered in this report are the meaning, background, and a brief history of Mens Rea in law as well as a more in-depth analysis of Mens Rea as applied to insanity pleas, hate crimes, etc; Bibliography lists 5 sources.
Filename: Mensrea.doc

The Constitutionality Of Punitive Damages
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This 10 page paper considers the issue of punitive damages and the changing perspectives in recent years regarding their increased prevalence and their constitutionality. This paper considers the US Supreme Court's response to cases in which punitive damages were awarded and the evaluation of constitutionality through the process of judicial review. Bibliography lists 8 sources.
Filename: Punidama.wps

The Courts
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A 4 page paper discussing the relevance of philosophy and enlightenment, evident in books VI-VII of Plato's 'Republic,' in regards to the courts in today's government. Plato argues that true leaders must be aware and knowledgeable of many higher, and more spiritual, aspects of existence if they are to do the job well. it does not do to have leaders exist among the darkness with the rest of the people and it does not serve the people well if the leaders are only out for their own gratification. Bibliography lists 2 sources.
Filename: Courts.wps

The Exclusionary Rule Should Not Be Abolished
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This 3 page paper first provides an overview of the exclusionary rule. Then the paper argues that it should never be abolished because it is a rule that protects the people. Bibliography lists 2 sources.
Filename: SA730exc.rtf

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.
Filename: KTexpwit.wps

The Federal and State Judiciary
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This 6 page paper answers questions set by the student. The paper starts by describing the federal judiciary in the United States, then looks at when cases may be brought before the state, rather than the federal courts, the third questions explains, with examines, the concept of concurrent jurisdiction, next the role of the appellant courts is considered and finally there is consideration of which court, state pr federal, would be best suited for the trial of a drug dealer. The bibliography cites 3 sources.
Filename: TEfedstate.rtf

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