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Papers On Litigation, The Courtroom & The Trial System
Page 6 of 24
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Class Action Lawsuits: Various Companies
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10 pages in length. The writer discusses class action lawsuits as they relate to AOL, CMGI, InfoSpace, ARIBA, Exodus Communications, WorldCom, Oracle, Cisco Systems, Qualcomm, United States Interactive, NY Railroad, Puma Technologies, Infoseek, Amazon, Advanced Viral Research, Celera Genomics, Genome Therapeutics and JDS Uniphase. No bibliography.
Filename: TLCClsAc.rtf
Closing Argument for a Capital Case
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This 4 page paper examines a case study submitted by a student and presents an argument that a prosecutor might use to convict two men for the crime. The case involves cannibalism under unique circumstances. No bibliography.
Filename: SA415ccc.rtf
Commercial Law Questions
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This 20 page law paper, based on English law, is written in three parts, answering three separate questions on contract law, agency and insolvency law. The first question looks at liability and the extent of liability under contract law where a product supplied causes damage to a customers property. The damage is the result of a faulty ingredient supplied by a wholesaler to the supplier. The second questions considers the rights of agents when an agency is terminated under the Commercial Agents (Council Directive) Regulations 1993 and under common law. The third question consider how a supplier can ensure they receive payment form a customer if they are concerned the customer may default. The bibliography cites 21 sources.
Filename: TElawqcon.rtf
Commonwealth vs. Tracy L. Prashaw
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This 3 page paper provides the facts of this case and a look at the reasoning for the judge's decision. The case involves evidence rules.
Bibliography lists 2 sources.
Filename: SA430TLP.rtf
Constructive Eviction in the State of New York -- Incidental and
Consequential Damages
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This 3 page report discusses the meaning
of “constructive eviction” in the State of New York and the
circumstances under which incidental or consequential damages may
be available. In the most simplistic of explanations:
“Constructive eviction occurs when residential rental property is
an uninhabitable condition. The uninhabitable condition makes the
property unsuitable to live [or work] in.” Bibliography lists 6
sources.
Filename: BWevict.wps
Contingent-Fee Arrangement Versus "Loser Pays"
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5 pages in length. The American public cannot watch late-night television without being overwhelmed with a barrage of legal counsel commercials advertising their contingent-fee agreement; for a large chunk of the plaintiff's settlement - anywhere from twenty-five to fifty percent - the company will represent that individual for no upfront costs. While logic says an attorney would never take a case on contingency unless he or she knew the odds were very much in the plaintiff's favor to emerge with a victorious ruling, this is not always foolproof for the legal counsel when they realize - after investing considerable time and money out of their own pockets - that the case is far from solid. By contrast, a system whereby the loser covers all costs from both sides can either benefit or damage the defendant if the plaintiff has a better attorney and earns the decision in a case whereby the defendant was not guilty of any wrongdoing. Indeed, the prevalence of people being ruled against simply because the opposing side was more effective with identifying loopholes in the system illustrates how there are still some aspects of law that fails to serve and protect the innocent. Bibliography lists 3 sources.
Filename: TLCContingent.rtf
Contract Law
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A 3 page paper that begins with a brief scenario of a hypothetical breach of contract lawsuit. The writer provides reasons for the court to rule in favor of the claimant, who was the purchaser of a gazebo. Three other court cases are used to justify the claim. Bibliography lists 3 sources.
Filename: PGgzlaw.RTF
Contract Law; Have Contract Terms Been Breached?
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This 6 page paper looks at a case where a newspaper advertisement is placed advertising facilities for a hotel that are not available when the guest arrive and a price that is lower than the price charged. The paper looks at whether the advisement is a offer or an invitation to treat, and then at if the promises in the ads are terms or mere representations. The paper is written with reference to English law. The bibliography cites 5 sources.
Filename: TEinvtreat.rtf
Contract to Purchase
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A 7 page paper discussing the situation in which Betsy
Ross has purchased (and paid in full in cash) a painting for sale at an antique shop. She
asked the shop owner to repair a small tear in the painting as she looked on; they both
became aware of some paper folded into the item, hidden within the frame behind the
painting. That paper appears to be a draft of the Declaration of Independence, written in
Thomas Jefferson's own hand. The shop owner no longer wants to sell the item for the
stated price and has offered to refund Ms. Ross' cash payment of $150. On her refusal,
the shop owner refused to relinquish the painting and all items associated with it. The
paper is a chronology of Ms. Ross' attorney's actions and rationale for them. Bibliography
lists 5 sources.
Filename: KScontractPurch.wps
Contracts
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A 5 page paper that specifies some of the main areas to consider in contract negotiation, including contingency areas. Subjects covered include the offer, assent, time specifications, nonperformance, termination and renegotiation clauses. No bibliography.
Filename: Contract.wps
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