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Papers On Legal Briefs
Page 8 of 13
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Miranda v. Arizona (1966)
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A 1 page brief of the case involving the police detainment and questioning of four defendants without advising them of their right to silence or their right to an attorney. Determined that such interrogation did not adequately provide for the Fifth Amendment privilege against self incrimination, the “right to remain silent unless he chooses to speak in the unfettered exercise of his own will”. No additional sources are listed.
Filename: PPlawBr5.wps
Miranda v. Arizona (1966): Just in all Cases?
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A 4 page exploration of this critical case. The author contends that the overall good that is accomplished by the Miranda requirement outweighs the fact that occasionally criminals escape prosecution because they were not read their rights at the time of apprehension and arrest. Bibliography lists 3 sources.
Filename: PPlwMir2.rtf
Modern Law and the Case of Ruxley Electronics;
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This 6 page paper considers the case of Ruxley Electronics and Construction Ltd v Forsyth in the context of its' precedent being representative of modern law. The case is examined in the context its' interpretation of the award of damages being granted in line with a pleasurable contract and limited in terms of the damages awarded despite the breach of express condition. The paper cites many cases to illustrate the points raised. The bibliography cites 10 sources.
Filename: TEruxley.wps
Monsanto Co. v. Coramandal Indag Products, (P) Ltd (Legal Brief)
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This 4 page paper examines this international business case. Several sections make up this brief and provides details about the case and its relevance. Bibliography lists 4 sources.
Filename: SA537brf.rtf
Morgan’s Home v. Martucci, et al
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A 5 page case summary of Morgan’s Home Equipment Corp. v. John Martucci, Harry Garber, Ray Convor and Dan Spiller and also Morris Spiller, individually and trading as Variety Sales Corp (390 Pa. 618, 136 A.2d 838). The writer summarizes the facts of the case, its legal history, the court holding, rational and disposition. No other sources cited.
Filename: khmvmar.rtf
Moylan v. Estes
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A 4 page case summary of a case in which the question before the court is whether or not two parties can legally renegotiate a land sale without paying a commission to the real estate broker to brought them together. The write summarizes the facts of the case, the procedural history, the holding, and the court’s rationale. No bibliography is provided.
Filename: khmve.rtf
New Jersey State Law: A Case Study
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9 pages in length. In this
interesting case study about Barkin's Beef and Brew, questions
are raised as to who is responsible when a patron consumes too
much alcohol and then leaves the premises and is charged with
fighting and cutting a man with a knife. This is intended as a
legal brief being presented to the student's legal firm in which
the firm is presenting the client who was attacked at knifepoint
by the drunken man. By raising the appropriate legal questions
and comparing them to New Jersey State Statutes, it is intended
to arrive at a satisfactory answer within the confines of
legality in the New Jersey legal system. Bibliography lists 8
sources.
Filename: JGAnjstl.wps
Newdow v. U.S. Congress: A Review of the Constitutionality of the Use of the Phrase “Under God” in the Pledge of Allegiance
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An 8 page analysis of this case and others which illustrate the evolution in the way we view our government’s association with religion. The author specifically reviews the adherence to the so-called Exception clause of the Constitution, a clause tested through three separate theories: the Lemon test, O'Connor's endorsement test, and Rosenberger's neutrality theory. Bibliography lists 2 sources.
Filename: PPpledge.rtf
Not Guilty by Reason of Insanity
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The innocent by reason of insanity or not guilty by reason of insanity (NGRI) plea is a defense under due process (Eighth Amendment). According to Wilson et al., there is a denial of due process when trying to convict or sentence a defendant who is insane or incompetent to stand trial. (Pate v. Robinson, 383 U.S. 375, 378 (1966). When evident during the trial, it is up to the court to conduct a hearing to determine mental capacity.... Explored are Hendricks, Yates, Laney, Riggins, Crane. Bibliography lists 6 sources. jvNGRI.rtf
Filename: jvNGRI.rtf
Organizational Management 6
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A 7 page paper discussing proper structure and actions of a police Internal Affairs department; an 8-point plan for departmental change; and implications of Garrity v. New Jersey. The paper provides case briefs for James Lingler and Jeffrey Gezymalla v. John R. Fechko, FED App. 0420P (6th Cir.) (2002); Carlos Luna v. Commonwealth of Massachusetts, App.02-2214 (1st Cir.) (2004); and State v. Stinson, 244 Ga. App.622 (2000). The paper assesses the influence of Garrity in the cases. Bibliography lists 5 sources.
Filename: KScrimOrgMgmt6.rtf
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