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Papers On Legal Briefs
Page 5 of 16

Criminal Law and Procedure 6
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An 8 page paper addressing two discussion questions and providing three case briefs. One question discusses options available to a member of the local bar who has been required to serve as a public defender in an appeal case. The other examines factors that could influence a juror to vote for life in prison or for the death penalty. Briefs are for Bell v. Cone, 535 U.S. 685; 122 S.Ct. 1843 (2002);Kelly v. South Carolina, 534 U.S. 246; 122 S.Ct. 726 (2002); and United States v. Bass, 536 U.S. 862; 122 S.Ct. 2389 (2002), all of which address death penalty issues. Bibliography lists 10 sources.
Filename: KScrimLawProc6.rtf

Drawing Case Law/A Case Synthesis Exercise
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A 3 page essay that outlines a law case scenario and then describes two cases that are relevant to the scenario. Based on these 2 cases, the writer argues on the rationale of the court in deciding this case. No bibliography is provided.
Filename: khlcsce.rtf

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

Eain v. Wilkes 641 F.2d 504
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This 3 page paper outlines the case of Ziyad Abu Eain who, using a writ of habeas corpus, sought to avoid an application for his extradition to Israel following his implication in a PLO bombing that killed 2 and injured 30; which was seen as a terrorist action. The paper outlines the case against him and the way in which the courts looked at the case with reference to the extradition treaty, the claims of insufficient evidence and attempt to use a political exemption clause. The bibliography cites 2 sources.
Filename: TEeainwlk.rtf

Emergency Treatment and Labor Act (EMTALA)
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A 4 page overview of the conditions stipulated by this law. The author reviews a recent case where a woman in premature labor admits to the ER and is subsequently admitted. When her infant is born it only lives two hours because it did not receive adequate care because of a technicality in EMTALA. Bibliography lists 3 sources.
Filename: PPnrsemtala.rtf

Emotional Distress; A Case Based on California Law
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This 6 page paper is a memo put together from material supplied by the student concerning a fictitious case where there is a potential claim for intentional infliction of emotional distress. The memo outlines the facts, considers the relevant legislation and cases including Christensen v. Superior Court (1991) and Saari v. Jongordon Corp. (1992).
Filename: TEemodis.doc

Ethical Treatment in Employment / A Legal Memorandum
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When an employee is denied promotion because of the knowledge that a manager has regarding their status and plans to remain (or not to remain) with a company, it is possible to contend that the manager has supported discriminatory action during the promotion process. This 6 page paper considers the scope of this argument and then devises a legal brief that applies many different legal perspectives to support this assertion. No additional sources cited.
Filename: Leglmem.wps

Examining Mr. Hansen's Fall
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A 13 page paper examining the likelihood of success should an individual, Tom Hansen, pursue a lawsuit against Apex Supermarket after slipping on a wet spot in the floor and suffering injuries that required surgery. The paper concludes that Mr. Hansen cannot offer proof of the store manager's statement of knowledge of the spill, and he cannot demonstrate that the spill had been on the floor for any significant length of time. It is likely that Apex Supermarket would request and receive summary judgment. The paper refers to three New York Supreme Court cases, but no sources are listed.
Filename: KSlawHansFall2.rtf

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