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Gender Concerns and the Legal System, 2002.
Examines gender issues in the American legal system.
2,375 words (approx. 9.5 pages), 11 sources, APA, AU$ 104.95
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Abstract
It is not until very recently during this century that women have looked to the legal system for support and assistance in their struggle for equality. The legislative background, including the Civil Rights Act, has provided a foundation for women to look to the courts for redress of their grievances. However, there remain problems within the legal system, including problems in civil rights law, arbitration, and mediation.
This paper provides a descriptive study of the state of gender issues in the American legal system, with a specific look at the increased use of mediation and arbitration to settle such problems as domestic violence and child custody. This type of settlement has increased and many feminists contend that mediation and arbitration automatically place women at a power disadvantage.
From the Paper
"One of the problems is that mandated mediation is beginning to be an important element in family law, specifically with domestic violence and custody disputes (Thoennes, Salem and Pearson, 1995). In these instances, feminist scholars contend that mandated mediation puts women in a one-down position. They are considered to be vulnerable in the mediation process and likely to lose power and position within it. Although the courts have not always empowered women who have suffered domestic violence either, the mediation situation is viewed as even more likely to lead to unjust results (Hart, 1990)."
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Natural Law and America's Legal System, 2007.
An analysis of how natural law impacts the legal system in the United States.
1,156 words (approx. 4.6 pages), 5 sources, MLA, AU$ 57.95
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Abstract
This paper presents an examination of how natural law impacts the American legal system. The paper provides a general overview of natural law and then explores how natural law applies to the current legal system in the United States. It argues that the natural law helps to drive the current system and describes how this is true.
Table of Contents:
Introduction
Natural Law
Natural Law and the American Legal System
Conclusion
From the Paper
"Natural law in its most simple form, is the unwritten law of mankind. It is a concept of principle morals and values that are, or at least should be shared by all of mankind because of the central goodness of their concept. (Horowitz, 2000)"
"Natural law is therefore distinguished from -- and provides a standard for -- positive law, the formal legal enactments of a particular society (Dolhenty, 2004)."
One example of this is the belief that killing is wrong. There are few humans or societies on earth that would disagree with the basic tenet that the murder of another person without reason is wrong. (Green, 2005) It takes a loved one from a family, it removes financial support from children, it takes someone out of society that may have moved on to contribute great things and if one is Christian, then the act of murder is something that God does not allow. It is not up to man to determine who lives or dies, it is God's choice and to kill is to try and play God."
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The Afghanistan Legal System, 2006.
This paper discusses the history, problem and reformation of the Afghanistan legal system.
1,900 words (approx. 7.6 pages), 12 sources, MLA, AU$ 87.95
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Abstract
This paper explains that, during the past four years, with the help of international aide, Afghanistan has worked towards the goal of justice for its people, but the outcome has created international and internal conflicts, which threaten the badly needed autonomy of the court. The author points out that the problem lies with the very vocal minority, the radical Islamic Shari'a, who are frowned upon by the majority of the Muslim population and the western countries offering aid but, in the past, have bullied and terrorized those who defied them. The paper relates that, although the Afghanistan government is determined to create a justice system that both strengthens the country and appeals to the populace, the fact that nothing has been resolved and that nothing is currently being done to close the loopholes in the constitution doesn't seem to be a big concern to the leadership of Afghanistan.
Table of Contents
The Challenge in Afghanistan
The Shari'a
A History of the Legal Systems of Afghanistan
The Modern Reformation of the Legal System
A Test of the New System
Conclusion
From the Paper
"Warlords continued to fight each other until the mid-1990s when the Taliban took control of the country. The Taliban brought back the Shari'a, only this time in an extreme form, as the law of the country, partly in response to support from Pakistan. Their interpretation of Islam was enforced by religious police known as the Ministry of Virtue. They oversaw the implementation of radical Shari'a that included amputation for theft, stoning for adultery, banning of television, music and sports. The Taliban framed the destruction of the Buddhas of Bamiyan, 1,800 year old statues carved into the side of a mountain, as an extension of the Shari'a law prohibiting idols."
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The Legal System and Social Justice, 2004.
This paper assesses whether the legal system promotes or hinders the concept of social justice, in relation to juveniles.
1,780 words (approx. 7.1 pages), 8 sources, MLA, AU$ 83.95
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Abstract
The paper explores human rights and equality legislation, sentencing options and the key principles of restorative justice. The paper explains how the conceptions of social and criminal justice differ in the way they conceptualise both the criminal and the crime. The paper then shows how in its present form, therefore, the legal system has largely negative consequences on the establishment and maintenance of social justice. The paper also points out, however, the many possibilities for allowing social justice to flourish.
From the Paper
"The purpose of the legal system is to effectively administer the national law. Due to its very nature, the law aims to avoid ambiguity and thus offer a clear and set collection of rules and codes that are capable of universal enforcement. Although for decades there have been protracted attempts to include the ethos of social justice within this legal framework, the two concepts have often come into conflict with one another. The basis of social justice is that all aspects of society afford just and fair treatment for all, including that beyond the auspices of the law (Jordon, 1990) As such, the idea of social justice is capable of transmission to areas unavailable to the law."
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Foreign Assumptions of the American Legal System, 2008.
A personal account describing the assumptions that foreign students have regarding the American legal system and how the author attempted to help them.
856 words (approx. 3.4 pages), 1 source, MLA, AU$ 44.95
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Abstract
This paper provides an account of a Russian student learning about American's faith in the American legal system. The paper is written in the narrative form and describes some of the difficulties that the author's fellow Russian students faced in America. The paper then looks at ways that the author attempted to help her Russian friends and if she was successful.
From the Paper
"For example, consider the trouble that Russian students have with some of the more commonly assigned books on major legal cases. One such book is Gideon's Trumpet, Anthony Lewis' Pulitzer Prize winning account of the case which established the rule that a person charged with a felony who cannot afford a lawyer will be appointed one. To a Russian student, the very notion that the Supreme Court would be interested in considering a rule such as this is baffling. I once discussed Gideon's Trumpet with a Russian student, whose first question was why the Supreme Court would want to cause so many problems for itself. If people accused of crimes have lawyers, they are more likely raise legal issues. "But what if the person is innocent?" I asked. The question stopped the conversation. The Russian student realized that he viewed the judicial system as carrying out a purpose which is generally quite different from the (ideal) purpose of the American judicial system. To him, the legal system exists to control dissent, of any sort, whether it is classical political dissent, or social dissent as represented by criminals. In a legal system that exists to control dissent, providing lawyers for "dissidents" increases difficulty and impedes efficiency. In a legal system determined to resolve questions of guilt or innocence, providing attorneys increases the effectiveness of the system."
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A Bill of Rights in the Australian Legal System, 2002.
Closely examines whether or not Australia should adapt a Bill of Rights in their Constitution, looking at current protection of human rights in the legal system.
2,386 words (approx. 9.5 pages), 9 sources, APA, AU$ 106.95
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Abstract
This paper looks at the current ability of the Australian legal system in protection of human rights. It includes an examination of the Constitution, High Court, Implied Rights, Common Law, The HREOC (Human Rights and Equal Opportunity Commission), international law, and federal and state laws in Australia. The paper questions whether or not current protection is adequate, and whether a bill of rights is needed.
From the Paper
"Human rights refers to those rights described as "basic and essential to the existence of human beings". These include a range of rights such as the right to life, freedom and security of person; the right to free speech; the right to a fair trial. Pressure for a bill of rights in Australia has been considerable over the last 10 years due to increased awareness of existing laws and to their inability to protect human rights, uncertainty about the High Court and interpretations of implied rights, and embarrassing challenges to the existing Australian laws. The Australian legal system has to be examined closely in order to conclude whether human rights are adequately protected. There are many means of protection in the Australian legal system, yet the actual effectiveness has to be examined as to what extent "little protection" is offered. There are many arguments in favor of the introduction of a bill of rights, however, if this would actually be appropriate for Australia in protection of human rights, and if the need is warranted, needs to be looked at in greater detail."
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The Legal System, 2003.
A discussion on the image of the legal system.
1,150 words (approx. 4.6 pages), 6 sources, MLA, AU$ 57.95
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Abstract
This paper surveys the effect of corrupt judges on the public's perception of the legal system. It discusses the crucial role trust plays in the American justice system and how corrupt judges attack this sense of trust. The paper cites specific examples to qualify points made.
From the Paper
"It is probable that the public perceives corrupt judges to be more widespread throughout the legal system than they actually are. But while the public might be wrong about the number of corrupt judges they are probably not wrong about the ..."
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Medico-Legal System and Concealed Homicide, 2004.
Examine the medico-legal system in relation to concealed homicide in the United Kingdom.
6,750 words (approx. 27.0 pages), 17 sources, MLA, AU$ 345.95
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Abstract
This paper investigates the medico-legal system in the United Kingdom in relation to the phenomenon of concealed homicide. The paper focuses primarily on England and Wales and concludes that deficiencies in the system facilitate concealment of murder.
From the Paper
"This study investigates the implications in relation to the phenomenon of concealed homicide of medico-legal system in the United Kingdom, with a primary focus on England and Wales. The term concealed homicide as the term is used in this study refers to a death resulting from an unlawful action wherein the actual circumstances of the death are concealed to..."
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U.S. vs. China Legal Systems, 2007.
This paper discusses and compares the legal systems of the U.S. and of China.
1,700 words (approx. 6.8 pages), 10 sources, MLA, AU$ 80.95
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Abstract
In this article, the writer discusses that the U.S. criminal justice system is framed after the ideal of justice for all and equal protection for all through a common civil law, interpreted by its courts. On the other hand, the writer notes that codified laws and statutes established by the legislature have guided China's criminal justice system. The writer discusses that the cultural differences between the U.S. and China are seen to be simplified and bridged by modern information technology, and many observe concrete progress in the replacement of the rule of men with the rule of law. The writer concludes that some still believe that Mao Zedong is the greatest revolutionary, that Abraham Lincoln was a dictator who destroyed the ideals of the colonists and that the American criminal justice system has now become one of the most corrupt in the world.
Table of Contents:
Abstract
Introduction
Review of Literature
Method
Findings and Conclusion
From the Paper
"Sachs writes that despite America's overall wealth as a nation, its people now live in a society of great and indescribable fear of their legal system, their lawyers and the prison system, the loss of health care in a system with no health plan and losing their jobs. He says that Americans are afraid of questioning the system and become gullible victims to propaganda. The issue on terrorism has so engaged them that their attention has been swayed out of their own society's ills. Sachs believes that they have projected their fear into foreign terrorists and ignored the increasing corruption and repression in their legal system. Lawyers, judges and courts trample upon the freedom Americans thought they had. He warns travelers and those wanting to visit or work in America to reconsider the risks of being in a country with one of the most crooked legal systems in the world."
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Political and Legal Systems of Africa, 2004.
This paper discusses the political and legal systems of Africa to determine if the area is a good place in which to do business.
1,340 words (approx. 5.4 pages), 3 sources, APA, AU$ 65.95
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Abstract
This paper explains that, in Africa, the people in the system are assisted, but the average African person is not, which leads to the corruption that is part of African society. The author points out that the problem with Africa from a business perspective is that the political system is not known and cannot be relied upon. The paper stresses that Africa is a questionable market to enter because of its instability.
From the Paper
"African governments as having ultimate power, with no institutions to check on them, also has a major impact on the legal forces. As noted above, the government considers itself the ultimate leader and does not consider it should answer to anybody else. This frame of mind also extends to the people of Africa. At all levels, there is a general view that the leader and their party is the only authority. This results in their being little concern with laws, as laws are viewed in other countries. In contrast, the leader is the law. In other countries, the law provides a standard for operating that does not change as leadership changes. In Africa, this stability of legal forces does not exist, with laws dependent on however is in power at the time."
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"Anatomy of a Murder: A Trip Through Our Nation's Legal Justice System", 2002.
This paper critiques a website, "Anatomy of a Murder: A Trip Through Our Nation's Legal Justice System".
1,900 words (approx. 7.6 pages), 5 sources, AU$ 102.95
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Abstract
This paper discusses issues of validity, authorship, caliber of content and Web design. The website address is http://library.thinkquest.org/2760/homep.htm.
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Legal System, 2002.
This paper looks at the legal system within the United States.
2,717 words (approx. 10.9 pages), 4 sources, MLA, AU$ 117.95
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Abstract
This paper looks at the primary role of the U.S. Supreme Court. It discusses the underlying premises of family, property and contract laws, plea bargaining and jury selection. This paper questions whether our due process right will be substantially affected by the current campaign to fight terrorism. It looks at arraignment, whether plea bargaining is fair and finally it compares and contrasts French and German administrative courts.
From the Paper
"However, before the agreement is reached the conformity and consent of the private offended party is obtained, there can be no agreement if he or she does not consent to it. With respect to de officio offenses, where there are no private offended parties or if the state itself is the offended party, the concurrence of the public prosecutor and the accused is sufficient. An example is the offense of illegal drug distribution where the accused may enter a plea of mere possession and use of the drugs found in his possession."
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Three Legal Systems, 2006.
This paper compares the Common Law system, the Civil Law system and the Islamic Law system.
2,475 words (approx. 9.9 pages), 3 sources, AU$ 141.95
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Abstract
This paper discusses three major legal systems. The legal systems discussed are: The Common Law system, the Civil Law system and the Islamic Law system based on Shari'ah. The Common Law system is discussed in relation to the United States and England while the Civil Law system is discussed in relation to the European continent. Finally, Islamic Law is discussed primarily in terms of its application throughout Islam.
From the Paper
"The nature of law has been a hotly contested subject ever since Hammurabi first had his code carved in stone circa 1775 B.C. (Deffains & Kirat, 2001, p.19). Since then, law has been subjected to myriad interpretive analysis, written, rewritten and canonized in various ways: Islamic Law associated with Shari'ah, the Common Law of England and the United States and the Civil Law structures found across most of Europe. The only common dialectical thread through all these historical bodies of law and legal systems, both current and past, is that law is not an exact science."
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Hispanics and the Legal System, 2002.
Looks at the way Hispanics are discriminated against by the American police and courts, compared to their treatment of white citizens.
1,900 words (approx. 7.6 pages), 6 sources, AU$ 102.95
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Abstract
This paper examines the differences between the treatment of Hispanics and whites in the process of criminal persecution. Examples such as arrest percentages, "social profiling" and disparities in sentencing are addressed. The paper concludes by suggesting that minorities need to be appointed to positions of power within the legal system to bring this form of prejudice under control.
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The Evolution of the American Legal System, 2001.
This paper discusses the creation of the U.S. government following the American Revolution, and the political ideals described by the Founding Fathers.
1,310 words (approx. 5.2 pages), 7 sources, AU$ 64.95
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Abstract
This paper looks at the gradual evolution of the American legal system. The author discusses the Founding Fathers, their visions of an ideal government, slavery and the Bill of Rights. The paper also discusses how a federal system operates, and how law is inevitably linked with politics.
From the Paper
"America is called the land of dreams where there are no cultural barriers and people from all around the world can come to fulfill their dreams. The ideal democracy it is said to have the most comprehensive and just legal system anywhere in the world. So it would deem appropriate to understand how this system developed and which factors influenced its development over the years. Taken historically America was a part of the British colonies so that the American legal system has evolved through the basis from the English Common Law. At the time when the legal system was established the founding fathers had a great fear of the monarchial control they had managed to rebel against. They wanted to establish a nation where the people controlled the state rather than the other way around."
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Trial by Jury in the English Legal System, 2007.
A look at the English jury system.
2,145 words (approx. 8.6 pages), 16 sources, MLA, AU$ 97.95
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Abstract
This paper analyzes the role of the British jury system and investigates its effectiveness putting forward the arguments of many opponents. The paper suggests that, if the present due process model lacks "confidence in informal pre-trial fact-finding processes" then it would be wrong to believe that due process would be better served if the jury was abolished, for it is the jury which provides the forum for formal fact finding at trial. The paper concludes that if we blame the jury for the loss of due process to innocents that have been convicted and ignore the fundamental flaws of due process safeguards within the pre-trial system, then, ultimately, this disregard that will 'further legitimise and perpetuate miscarriages of justice'.
From the Paper
"The civil jury declined massively in the twentieth century, and the case of Ward v James established that trial by judge should be the usual mode of trial. It is significant, that today only 1% of criminal cases actually culminate in jury trial making the argument for juries somewhat a statistical irrelevance. It is therefore perhaps unfair to argue that juries convict too many innocent people when trial by jury is such a rare opportunity. A single wrongful conviction is considered as one too many, but although it is admirable to aim for a system that prevents a single miscarriage of justice to occur it is perhaps a little unrealistic. The role of the jury is to form a verdict drawn from only the facts presented at trial. No twelve good men or women would intentionally inflict a conviction on a person whom they knew to be innocent. To attribute the blame of a wrongful conviction to, and solely to, the jury is too simplistic an analysis; the role of the jury is to come to an honest conclusion about the facts presented at trial. If these facts are later found to be 'unsatisfactory' or 'unsafe' perhaps it is the criminal justice system itself, which 'helps to legitimise and perpetuate miscarriages of justice', and not the jury who are perhaps too often the victims of blame."
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