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Papers On Current/Popular Legal Issues
Page 80 of 164

Judicial Reasoning
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8 pages in length. Roland Case's "Understanding Judicial Reasoning : Controversies, Concepts, And Cases" addresses issues that society has been grappling with since the creation of the Constitution: How much of the law should be left up to personal interpretation and how much should be followed to the letter? Indeed, the extent to which contemporary judges impart their own legal perception is part and parcel to what Case attempts to tackle within the pages of his insightful account. Particularly interesting is how the author addresses three distinctive methods of reasoning that serve to define the decision-making processes of today's legal system, which include reasoning from interpretive guidelines; reasoning from prior cases; and reasoning from principle. Bibliography lists 9 sources.
Filename: TLCJudRe.rtf

Judicial Review
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This 10 page paper consider the circumstances in which there may be the right to apply for judicial review under UK Law. The bibliography cites 15 sources.
Filename: TEjudrev.rtf

Judicial Review
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A 10 page paper that begins by defining the term 'judicial review.' The writer then discusses the governments of ancient Greece and Rome and how parts of their systems carried over to later times. The Age of Enlightenment is discussed relative to the political innovations brought about through the writings of Locke, e.g., the social contract theory, and Montesquieu, who proposed three branches of government. The founding fathers of the U.S. were highly influenced by these writers and that influence can be found in the Constitution and the division of the government into three branches. The writer reports the Marbury v Madison case where judicial review was used by Chief Justice Marsahll to declare an act of Congress unconstitutional. Bibliography lists 11 sources.
Filename: PGjudrv.rtf

Judicial Review and the Individual; UK and EU law
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This 9 page paper looks at judicial review and the position of the individual in the UK and the grounds on which a review may be granted. The paper then considers the position of the individual at EU level, arguing that the they have a greater level of access to the process at national rather than EU level. The bibliography cites 5 sources.
Filename: TEindvJR.rtf

Junk E-Mails
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This 26 page paper considers the legal aspects of unsolicited e-mails using US law. The writer focuses on e-mails that advertise pornography, however, many of the issues raised are applicable to all junk or spam e-mails sent. The writer considers the use of federal and state laws, the use of trespass to chattel and the overall attitude of the courts and compares the regulation of this type of 'spam' against other forms of direct advertising, such as faxes ad direct mail. The writer also considers what type of legislation should be used to regulate unsolicited e-mails. The bibliography cites 40 sources.
Filename: TEemailu.rtf

Jurisdiction
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This 6 page paper is written with reference to UK law, and looks at a case supplied by a student where there are international contracts and cases are being brought in different courts. The paper considers the issue of how jurisdiction can be determined and the doctrine of forum non-convenience. The bibliography cites 3 sources.
Filename: TEinjrst.rtf

Jurisdiction and Different Areas of Law
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This 4 page paper considers the jurisdiction of the courts under tenancy law, contract law and tort law according to English law. The bibliography cites 2 sources.
Filename: TEjurlaw.rtf

Jury Awards are Out of Control
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This 3 page paper focuses on tort reform, the power of the judge to overturn awards and the role of the jury. Examples are provided as a look is taken at excessive jury awards. Bibliography lists 2 sources.
Filename: SA541trt.rtf

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