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Burden Of Proof Voir Dire
2,183 words... als. In both types of cases, provisions are made for alternate jurors to replace a regular juror who may become ill or disabled during trial. In a civil case, the trial jury is composed of 6 persons, with provision for the selection of alternate jurors. The trial jury is selected from the group previously described. A panel is called, and they take their place in the jury box (criminal) or impaneling room (civil). A process known as voir dire then takes place in which the attorneys, and some...
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Including But Not Limited Employment Status
813 wordsCIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS FILED DEPUTY CLERK PLAINTIFF'S INTERROGATORIES TO DEFENDANT Plaintiff, , through undersigned counsel, propounds the following Interrogatories to defendant, Touro Infirmary, to be answered fully, separately, in writing, and under oath, within the delays allowed by law: State when the accident referred to in the Petition for Damages first came to the attention of the defendant or any employee or company representative of the defendant, by whom it was ...
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Law Enforcement Officers Search And Seizure
1,507 wordsJurisdiction 1 Statement of the Case 1 - 7 Question Presented 7 - 8 Summary of Argument 8 - 11 Analysis of Issue 1 11 - 12 Analysis of Issue 2 13 - 14 Conclusion 14 - 15 Arizona vs. Hicks, 480 U. S 321 (1987) Illinois vs. Andreas, 463 U. S. 765 (1983) Michigan vs. Long, 463 U. S. 1032 n. 16 (1983) Texas vs. Brown, 460 U. S. 730 (1983) The Minnesota Supreme Court found the respondent Timothy Dickerson guilty of the possession of cocaine. The Minnesota Court of Appeals reversed the decision. The S...
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Supreme Court Ruled United States V
1,414 wordsDespite the efforts of lawyers and judges to eliminate racial discrimination in the courts, does racial bias play a part in todays jury selection? Positive steps have been taken in past court cases to ensure fair and unbiased juries. Unfortunately, a popular strategy among lawyers is to incorporate racial bias without directing attention to their actions. They are taught to look for the unseen and to notice the unnoticed. The Supreme Court in its precedent setting decision on the case of Batson ...
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Rule Of Law Punitive Damages
1,360 wordsThe inducement, by law enforcement officers or their agents, of another person to commit a crime for the purposes of bringing charges for the commission of that artificially-provoked crime. This technique, because it involves the commission of a crime, which is itself a crime, is severely curtailed under the constitutional law of many states. a rule of law that when person A, by act or words, gives person B reason to believe a certain set of facts upon which person B takes action, person A canno...
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Mad About The Insanity Defense
1,478 wordsToday in our legal system, there are many questionable defense tactics. They are designed to protect the rights of the charged, and further the cause of justice. However, in many cases this betterment of justice has been taken too far, and thus pleas such as "Temporary insanity" are born. Indeed, as will be proven, the insanity defense in itself has been stretched nearly to its breaking point. The insanity defense will be critically examined, here, and proven in some cases necessary while others...
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Guilty By Reason State To State
1,185 wordsThis paper will fallow the process of a capital trial from arrest to execution. It will discus the aspects of federal and state law, trial, appeal, and executions. It will go into further detail on arraignment and the trail details of defense and sentencing. The federal law on capital punishment begins with the constitution, which states in the eighth amendment of the bill of rights that, no person shall be subject to cruel or unusual punishment. Despite this and for the reason that it is the go...
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Truth And Justice Defense Attorney
1,298 words... one against the defense attorney becomes evident. The attorneys should have at least a token belief that their subject is in the right. A criminal defense attorney may proclaim himself a fighter for truth and justice, and he may be precisely that, but once a case is accepted, his only responsibility is to his client, regardless of belief. Even defense attorneys who are convinced that their client is guilty are still exhorted to offer the best possible defense and to counsel their client as e...
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Arrest Search Warrants And Probable Cause
1,681 words1. The United States Supreme Court has held that normally, a police seizure of either evidence of a crime in a constitutionally protected area or a possible criminal defendant must be based on probable cause (e. g. , Illinois v. Gates (1983) ). Furthermore, the Court has repeatedly stated that a government search or seizure on private premises without a warrant is presumptively unreasonable under the Fourth Amendment unless it falls within one of the "carefully delineated" (Welsh v. Wisconsin, (...
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Twelve Angry Men Reasonable Doubt
2,495 wordsCRITICAL ANALYSIS OF THE MOVIES TWELVE ANGRY MEN AND RUNAWAY JURY Twelve Angry Men is a black-and-white film produced in 1957 that presents the "imperfections" in the American jury system. It is a courtroom drama set in a deliberation area as a jury of twelve men convenes to make a decision on the fate of an ethnic young man accused of stabbing his abusive father to death. A common vote is necessary to either convict or acquit the accused. Otherwise, it will be a hung jury and one more trial wil...
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Punitive Damages Compensatory Damages
1,967 wordsRunning head: LEGAL FRAMEWORK Legal Framework [Student Name] University Affiliation PLAGIARISM REPORT 3 PERCENT QUOTES PROPERLY CITED Total Matched Phrases / Total Submitted 3 % (5 / 148) Expected Report Execution Time (peak) Abstract Negligence, in law is referred to as a breach of legal duty set forth by the law. Negligence, as tort refers to a careless act (or failure to act). Negligence leans towards behaviour or conduct rather than the bounds of a contract. In pursuing negligence litigat...
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Circumstantial Evidence Domestic Violence
1,319 wordsCarson v. Wilson In the given case, Carson v. Wilson, there are several issues that should be identified and taken into account. First of all it is necessary to say that Lisa Carson was charged with manslaughter. It should be pointed that in the United States manslaughter is considered to be criminally negligent homicide. Manslaughter is not as serious a crime as murder. But the woman was arrested 15 years ago for domestic violence. Should this fact be admitted into evidence? From the juridical ...
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Supremacy Clause Fair Trial
2,339 wordsMEMORANDUM OF LAW TO: Professor [] FROM: [your name] DATE: September 25, 2006 RE: Sally Stratmore Appellation INTRODUCTION The current lawsuit was brought by the State of Texas against the appellant Sally Stratmore, in connection with carrying 29 grams of cocaine and other violations. Appellant Sally Stratmore, timely appeals her convictions in driving a red light with broken taillights, in attempt to escape, and, finally, in conviction for carrying 29 grams of cocaine. Appellant was convicted i...
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Forensic Linguistics Part 1
1,577 wordsForensic Linguistics Many people have not ever wondered how many different languages are spoken in the world. If a person is interested how a child begins to speak and acquire the knowledge of language, or how computer is taught to understand language, he has to begin studding linguistics. Linguistics is the scientific study of human language. The study begins with evolution, analyzing origins of the language, and how it is used in the society. This science is formed of different fields of studd...
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Image Of God Capitol Punishment
903 wordsWe can not afford to disregard the importance of capitol punishment and the crimes that deserve it. People have used a number of arguments to support their position regarding the death penalty. Among the arguments employed have been deterrence, cost, retribution, incapacitation, rehabilitation and mistake. It has been suggested, though, that a persons position on the issue of capital punishment is not determined by a rationale evaluation of the arguments for and against the death penalty, but is...
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Copyright Infringement Intellectual Property
2,439 wordsA copyright is the right to produce, reproduce, and transform any original work. Copyrights are only given to original works that fall under the following seven categories: Literary works, Musical works including accompanying any works, Dramatic works including accompanying music, Choreographic works, Graphical and sculptural works, Motion pictures and other audiovisual works, Sound recordings, and Architectural works 1. Under the Canadian copyright act any published or unpublished original work...
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Reason Of Insanity Time And Money
1,925 wordsInsanity is defined as a mental disorder of such severity as to render its victim incapable of managing his affairs or conforming to social standards. (Insanity, pg. 1) It is used in court to state that the defendant was not aware of what he / she was doing at the time of the crime, due to mental illnesses. But insanity is a legal, not a medical, definition. There is a difference between mental illness and going insane. Many problems are raised by the existence of the insanity defense. For examp...
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Medical Care Insurance Costs
1,744 wordsMedical Malpractice The doctor-patient relationship has been defined differently through the years. In the beginning it developed into a common calling which meant doctors practiced medicine as a duty to their patients. Laws were developed to protect patients, therefore doctors used proper care and expert skill. In the past six centuries, medical malpractice has increased, which lead to revision and addition to the law. Liability was introduced along with the GIANT of all torts, negligence. Now ...
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Influence His Verdict Juror 10 Prejudice Page
527 wordsThere Juror 10 Juror 10 There are two main characteristics of the 10 th juror that influence his verdict. The first is that juror 10 is prejudiced against the defendant (most likely he is racist, but we can not be 100 % sure). The second is that he is uncaring and impatient. The first time we get a glimpse of juror 10 s prejudice is on page 7 when he says It s the element. I m telling you they let those kids run wild up there. Well, maybe it serves them right. He believes that anyone coming from...
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Law Enforcement Officers U S Constitution
3,070 wordsTABLE OF CONTENTS Page Jurisdiction 1 Statement of the Case 1 - 7 Question Presented 7 - 8 Summary of Argument 8 - 11 Analysis of Issue 1 11 - 12 Analysis of Issue 2 13 - 14 Conclusion 14 - 1 TABLE OF AUTHORITIES Cases Arizona vs. Hicks, 480 U. S 321 (1987) Certiorari, 506 U. S. 814 (1992) Illinois vs. Andreas, 463 U. S. 765 (1983) Mapp vs. Ohio, 367 U. S. 643 (1961) Michigan vs. Long, 463 U. S. 1032 n. 16 (1983) Terry vs. Ohio, 392 U. S. 1 (1968) Texas vs. Brown, 460 U. S. 730 (1983) U. S. Cons...
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