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Papers On Litigation, The Courtroom & The Trial System
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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
The Frye Rule and Battered Women Syndrome
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A paper which considers the Frye Rule, and its application in the modern judicial system, with particular reference to the battered women syndrome formulated by Walker. Bibliography lists 4 sources
Filename: JLfryerule.rtf
The German Court System
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A 5 page paper which provides a basic overview of the
court system in Germany. Bibliography lists 3 sources.
Filename: RAgermn.rtf
The Impact on s138 of the Evidence Act 1995
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This 12 page paper consider s138 of the Evidence Act 1995 (NSW) or (CTH) and critically discusses how this section of legislation and cases such as Bunning v Cross (1978) 141 CLR 54 and Ridgeway v Queen (1995) 129 AR 41 impact on operational investigations and their officers. Numerous cases are cited to illustrate points raised. This paper relates to Australian law. The bibliography cites 10 sources.
Filename: TEevidence.rtf
The Importance of Oral Evidence in the English Law Trial System
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This 9 page paper examines the important role of oral evidence, also known as orality, within English law and the risk system. The paper considers different forms of oral evidence, the benefits and flaws with this type of evidence and the way in which recent cases may be change the emphasis placed on orality. The bibliography cites 10 sources.
Filename: TEoralev.rtf
The Importance of the Investigator as Witness
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This 4 page paper examines how police investigators should be interviewed. The importance of these witnesses is highlighted and techniques are shared. Bibliography lists 1 source.
Filename: SA640inv.rtf
The Importance of the Jury System
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Beginning with an appropriate overview of why the U.S. Founding Fathers saw the need for a jury system, this well-prepared 8 page essay argues that the jury still remains an ultimate symbol of true American Democracy. Recent Supreme Court decisions as well as the linkage between jury service and other rights of political participation are discussed. Bibliography lists 6 sources.
Filename: Jurysyst.rtf
The Insanity Defense
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This 5 page paper explores the merits of this defense. When it is used, whether it is successful, and things of that nature, are discussed. The idea of irresistible impulse is duly noted. Bibliography lists 6 sources.
Filename: SA437id.rtf
The Insanity Defense
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This 6 page paper delves into the history of the insanity defense and also evaluates when it is used. Several well-known cases are referenced. Bibliography lists 10 sources.
Filename: SA114Ins.wps
The Jury System
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This 9 page paper examines the effectiveness of the trial by jury system in England and Wales. The paper considers the diverse options that see it as the embodying or contradicting democracy, looks at the effectiveness of jury trials and considers the views and recommendation of Lord Auld in his report into criminal justice system and compares them to the views of Penny Darbyshire. The bibliography cites 9 sources.
Filename: TEjuryse.rtf
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