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Papers On Litigation, The Courtroom & The Trial System
Page 3 of 30

ADA Case
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This 3 page paper looks at a case supplied by the student and discusses the issues. An employee feels they are being discriminated against and has a potentially string case under the Americans with Disabilities Act (ADA). However, they have signed a statement stating that they agree to use an arbitration system for the resolution of all disputes. It is not clear if this statement is part of the employment contract. The paper discusses whiter or not the employee would be able to take action through the courts.
Filename: TEadacase.rtf

Admissibility of 'Without Prejudice' Correspondences
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7 pages. Based on several court cases which are noted within this paper, the topic herein pertains to the statement that "parties should be encouraged as far as possible to settle their disputes without resort to litigation and should not be discouraged by the knowledge that anything that is said in the course of such negotiations may be used to their prejudice in the course of the proceedings" (Oliver, 306, 1984). Bibliography lists 8 sources.
Filename: JGAdsput.rtf

Admissibility of Eyewitness ID Evidence
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A 10 page research paper that discusses the reliability of eyewitness testimony. The writer offers a literature review of eyewitness and memory research that indicates that eyewitness testimony is not as reliable as it has been traditionally viewed in US jurisprudence. Bibliography lists 8 sources.
Filename: kheyewit.rtf

Adversial Process and Legal Use of Violence in the Law
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A 5 page paper which examines the effectiveness of the adversial process and the legal use of violence in the field of law. Bibliography lists 2 sources.
Filename: RA12angr.rtf

Agreement and Battle of the Forms; A Case Study
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This 18 page English law paper examines the factors that determine when an agreement is made and how the terms and condition are determined. Using a case study supplied by the student where an order is made and fulfilled with the goods are delivered as ordered with the exception of the package sizes, the writer examines if the goods can be rejected and how the battle of the forms is used to determine which terms and conditions apply to the contract. The paper makes numerous references to cases to illustrate to points raised. This paper is written with English law. The bibliography cites 20 sources.
Filename: TEbattlef.rtf

Alternative Dispute Resolution / Is It Always An Alternative ?
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A 12 page paper discussing the move from litigation to arbitration. The paper discusses what ADR is, in what circumstances it is beneficial, and in what circumstances it may not be. Biblioraphy lists 10 sources.
Filename: Arbit.wps

American Canoe Association v. Murphy Farms
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A 5 page paper discussing points of American Canoe Association v. Murphy Farms, No. 02-1501, 326 F.3d 505; 2003 U.S. App. LEXIS 7158; 56 ERC (BNA) 1545; 33 ELR 20175, 4thCir, (2003) as they relate to the Clean Water Act and to commercial swine production. The American Canoe Association, Professional Paddlesports Association and Conservation Council of North Carolina brought suit against Murphy Farms and D.M. Farms of Rose Hill, both commercial pork producers in North Carolina. Plaintiffs' complaint was that the hog farms had polluted surrounding bodies of water in violation of the Clean Water Act. The courts have agreed with plaintiffs on several points. Bibliography lists 6 sources.
Filename: KSlawMurFarm.rtf

American Justice and the Inadequacy of the Public Defense System
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This 7 page report discusses the fact that most Americans take a great deal of pride in the fact that the system of justice in the United States is the most balanced and even-handed of any judicial system in the world. However, the past several decades, if not longer, have demonstrated that it is actually the accused with the most money who has the greatest advantage in the judicial system of the United States. Bibliography lists 7 sources.
Filename: BWjud.wps

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