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Papers On Litigation, The Courtroom & The Trial System
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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
Corruption in the Courts
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This 10 page paper looks at abuse of power and evidence tampering. Several famous cases are used for illustrative purposes such as the trials involving Rubin 'Hurricane' Carter, O.J. Simpson and Mumia Abu-Jamal. The Bill Clinton hearing is also referenced. Details of these cases, in terms of evidence and abuse of power, are duly noted. Bibliography lists 7 sources.
Filename: SA015Crt.rtf
Court of Equity and Court of Law
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This 5 page report discusses a
fictional circumstance in which two landowners with adjoining
commercial property find that one has inadvertently built a
commercial building on his property that actually extends into
the other landowner’s property. Because of the extension, the
second property holder does not have a lot big enough to build
his own commercial building. The lawyer for the first party is
seeking relief in a court of law knowing that remedies at law are
more stringent than in a court of equity. The second attorney is
seeking assistance to proceed in a court of equity. The
differences between “equity” and “law” are discussed and
different arguments presented. Bibliography lists 5 sources.
Filename: BWequlaw.wps
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