A persuasive paper highlighting the inefficiency of the adversarial legalism method of litigation in the United States.
Persuasive Essay # 119038 |
1,896 words (
approx. 7.6 pages ) |
8 sources |
MLA | 2009
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$ 36.95
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Abstract
The paper explains how adversarial legalism leads to unnecessary civil suits and is costing all Americans billions in taxes. The paper presents the argument that by restructuring our courts to model a more hierarchical system, such as bureaucratic legalism, we can prevent our nation from wastefully spending valuable resources and time on unnecessary claims and improve the efficiency of our courts. The paper notes the challenges with creating an entirely new formal legal system, but still maintains that a switch to bureaucratic legalism will be economically and socially beneficial to the United States.
From the Paper
"Adversarial Legalism continues to be the preferred method of litigation for most Americans because of its accessibility, but because of the considerable amount of inefficiency associated with it, a new legal system should be considered. In simple terms, Adversarial Legalism is a core set of values that the U.S. courts are structured upon. These values, (hereinafter American Creed) are based loosely on our constitution and stress the importance of liberty and freedom from our government. Though over the last 60 years, this theory has contributed to many societal problems due to the way our courts are inherently structured. Professor of Political Science, Alan Tarr, explains how the rules regarding litigation "have changed dramatically since the 1950's," and "transformed the standards for determining liability, abolished long-standing immunities from suits, and reduced or eliminated many other barriers that plaintiffs face in recovering damages for injuries they have suffered" ("Judicial" 321). Though these decreased standards are byproducts our American Creed, the country also has a contracted obligation within the courts to seek the truth and justice, but things like frivolous cases, tort law, and the increase of judicial costs have counteracted these responsibilities."
Tags:lawsuits, lawyers, bureaucratic, legalism, activism, compensation
An analysis of the nomination speeches of John McCain and Barack Obama.
Analytical Essay # 140438 |
1,250 words (
approx. 5 pages ) |
3 sources |
APA |
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This paper analyzes excerpts of the 2008 presidential nomination acceptance speeches of John McCain and Barack Obama. The particular sections were chosen because of their context to the War on Terror.
From the Paper
"This paper analyzes excerpts of the 2008 presidential nomination acceptance speeches of John McCain and Barack Obama. The particular sections were chosen because of their context to the War on Terror. Linguistic analysis reveals that the speeches of both candidates actually..."
Tags:political, speech, analysis
In the past, America has always had to choose between China and Japan. Before the Second World War the United States had friendly relations with China and Japan was the adversary, and after Japan was defeated in the war and nationalist China was ...
Essay # 137949 |
1,750 words (
approx. 7 pages ) |
0 sources |
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$ 33.95
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In the past, America has always had to choose between China and Japan. Before the Second World War the United States had friendly relations with China and Japan was the adversary, and after Japan was defeated in the war and nationalist China was defeated by Mao and his communist revolutionaries, the United States and Japan became allies. But this historical pattern of alternating adversaries does not have to be repeated in the 21st century, for the United States, China, and Japan can interact politically and economically in ways that will be beneficial to all three countries. The question requiring examination and analysis is whether the United States, China, and Japan will interact politically and economically for their mutual benefit.
From the Paper
The United States, China, and Japan: An Analysis In the past, America has always had to choose between China and Japan. Before the Second World War the United States had friendly relations with China and Japan was the adversary, and after Japan was defeated in the war and nationalist China was defeated by Mao and his communist revolutionaries, the United States and Japan became allies. But this historical pattern of alternating adversaries does not have to be repeated in the 21^st century, for the United States, China, and Japan can interact
Tags:china, japan, u.s.
Nuclear arms guarantees are indispensable to world peace, for they provide the most effective means of addressing the increasing threat posed by nuclear proliferation. Unfortunately, such guarantees have rarely been extended to adversary nations by ...
Essay # 143695 |
2,500 words (
approx. 10 pages ) |
0 sources |
MLA |
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$ 45.95
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Nuclear arms guarantees are indispensable to world peace, for they provide the most effective means of addressing the increasing threat posed by nuclear proliferation. Unfortunately, such guarantees have rarely been extended to adversary nations by the United States or its allies, which have pursued flawed strategies such as regime change, preemptive war, economic sanctions and diplomatic isolation in the hope of preventing non-nuclear nations from acquiring nuclear weapons.
From the Paper
Are Nuclear Arms Guarantees Indispensable To World Peace? Nuclear arms guarantees are indispensable to world peace, for they provide the most effective means of addressing the increasing threat posed by nuclear proliferation. Unfortunately, such guarantees have rarely been extended to adversary nations by the United States or its allies, which have pursued flawed strategies such as regime change, preemptive war, economic sanctions and diplomatic isolation in the hope of preventing non-nuclear nations from acquiring nuclear weapons.
Tags:nuclear, security, guarantees
No issue conjures up more emotions than the animal rights debate. As one expert explains, advocates of animal rights seem to think that their adversaries are selfish, unthinking, cruel, and even morally blind while those who oppose animal rights ...
Essay # 143842 |
2,250 words (
approx. 9 pages ) |
0 sources |
MLA |
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$ 41.95
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No issue conjures up more emotions than the animal rights debate. As one expert explains, advocates of animal rights seem to think that their adversaries are selfish, unthinking, cruel, and even morally blind while those who oppose animal rights appear to think that "the advocates are fanatical and even bizarre, willing to trample on important human interests for the sake of rats and mice and salmon" (Sunstein and Nussbaum 4). In light of this interesting debate, the following discussion examines the morality of zoos. Specifically, the current study presents the argument that zoos are moral provided that animals are treated with proper care and kindness.
From the Paper
THE MORALITY OF ZOOS Introduction No issue conjures up more emotions than the animal rights debate. As one expert explains, advocates of animal rights seem to think that their adversaries are selfish, unthinking, cruel, and even morally blind while those who oppose animal rights appear to think that "the advocates are fanatical and even bizarre, willing to trample on important human interests for the sake of rats and mice and salmon" (Sunstein and Nussbaum 4). In light of this interesting debate, the following discussion examines the morality of zoos. Specifically, the current study presents the
Tags:ethics, animal rights, morality zoos
An insight into the character of fictitious detective Sherlock Holmes by Arthur Conan Doyle with an emphasis on his interaction with his adversaries.
Analytical Essay # 8466 |
3,365 words (
approx. 13.5 pages ) |
7 sources |
2002
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$ 57.95
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Abstract
This paper looks at the hero detectives Sherlock Holmes and considers if there is a possibility he suffered from an obsessive disorder problem. It also discusses the Holmes' stories and certain aspects of his adversaries. Also examined is the story "The Hound of the Baskervilles" with a discussion on the setting of the actual scene within the novel and how the literature and atmosphere of the time along with the views and ideals of those reading the novel are affected by the atmosphere and descriptions of the authors? words. Also discussed are the "Stories of the Sussex Vampyre" and the "Final Problem".
From the Paper
"Sherlock Holmes is known through out the world as the model private detective, or as he is described a consulting detective since the first pages of a Study in Scarlet were published in Beeton's Christmas Annual in 1887. Arthur Conan Doyle the creator of Britian's Master Sleuth wrote sixty original stories on Holmes' adventures, of these sixty, fifty six were short stories and four were full
To many Sherlock Holmes is the key man in any adventure story as he battles the menaces of evil using his superpowers that are purely based on his own observances and deductions, Holmes' methods can be learned by any person with a mind to open his eyes and use all of his senses rather than just what he thinks he sees."
Tags:detective, hero, moriarty, watson, murder, england
This paper studies the reasons which have turned the likes of Saddam Hussein and Osama Bin Laden into formidable adversaries of the United States.
Essay # 6932 |
1,440 words (
approx. 5.8 pages ) |
6 sources |
MLA | 2002
$ 28.95
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The following paper examines some of the reasons that have caused a new breed of enemies of the United States to turn into the most dangerous and formidable forces in the world today. After careful examination of the reasons that turned Saddam, Osama and their followers into the most dangerous and greatest adversaries of the United States, the author contends that without appropriate funding, strong support base and inefficient planning, these enemies would have never been able to pose such a huge threat to America and its citizens.
From the Paper
"There has been a sharp rise in the enemies of our country since past few decades and this is somehow related to not only the fact that United States is one of the most powerful and influential countries in the world but also because to bad foreign policy and poor international relations. First it was the former USSR that turned into a major enemy and the two countries remained in the state of Cold war for several years. But with the death of socialism and disintegration of Russia, United States felt it could heave a sigh of relief, as its biggest enemy was no longer a strong force. But unfortunately, this relief did not last very long."
Tags:funding, sources, access, weapons, mass, destruction, terrorist, activities, rising, prime, victim, root, causes, anti-social
This paper details the debate over the proposal to introduce the inquisitorial system of justice used in the European Union to Britain.
Analytical Essay # 8456 |
3,835 words (
approx. 15.3 pages ) |
11 sources |
APA | 2002
$ 63.95
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This paper is an in-depth examination of the key arguments in the debate currently going on in Britain over whether or not to replace its adversarial system of justice and replace it with the inquisitorial system of justice now used in the European Union. The paper begins by defining both the adversarial and inquisitorial systems of justice. It then presents arguments in support of the Inquisitorial Model including that the system promotes equality; decreases miscarriages of justice; seeks to find the truth; argues that the judges in the adversarial system are poorly trained while its judges are chosen on merit. The author then presents their arguments against the use of the Inquisitorial Model and makes the following points about the inquisitorial system including that it ignores human dignity; that it will cause false imprisonment; argues that the European Union will be allowed to prosecute British Citizens and will therefore render British Law powerless; argues that it will lead to the destruction of the Magna Carta and finally, argues that the system can be costly. The author then presents a final evaluation of the materials presented and details their own conclusions as to which system is better suited for use in Britain.
From the Paper
"Opponents of implementing the inquisitorial system argue the efficacy of the adversarial system. These opponents note that there are clear advantages to the current British system which include. The right of Habeas Corpus (that the accused must be taken to a public court within a very short period of time, usually 24 hours, and the accusers must produce their evidence then and there. The right to Trial by Jury at which jurors can in fact even disregard the law if they think it would give an unjust conviction. The jurors are thus 'sovereign'. If found innocent, the accused cannot be tried again on the same charge. (Corpus Juris and the Effect on British Common Law Rights)"
Tags:magna, carta, britain, european, union, adversarial, justice, criminal, evidence, countries, judge, procedure, evidence, parties, language, communities, power, role, miscarriages, wealthy, misdirection, trial, senstational, media, truth, falsification, merit, dignity, human, victims
An examination of the role and function of world legal systems.
Analytical Essay # 138935 |
1,750 words (
approx. 7 pages ) |
4 sources |
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This paper attempts to explore the question of whether the law is a science governed by universal principles directed toward social order, or an inner directed system designed to serve the needs of those who practice it. The paper looks at the law's long history in Western culture, from its inception in the Roman legal tradition through its melding with the customary laws of the chthonic world of Northern Europe and through to the modern day where legal problems are often dealt with in an adversarial manner that while wasteful on the one hand, often leads to spectacular results in improving the lot of its most despised citizens.
From the Paper
"Is Law a science governed by universal principles and directed toward social order or is it a closed, inner directed and self-perpetuating system designed to serve the needs of legal experts? It is a question that has long dogged the profession and has often adversely affected its image in contemporary societies across the globe. Though accruing personal wealth and position has always been associated with the profession, laying the foundations for legitimate commerce and civil liberties is also a vital part of its heritage. Despite the accusations of many critics of the..."
Tags:twelve tablets, chthonic tradtion, adversarial legal
This paper explores alternatives to the current Anglo-American legal system, such as arbitration and impartial investigation.
Persuasive Essay # 93791 |
7,004 words (
approx. 28 pages ) |
8 sources |
MLA | 2007
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$ 94.95
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This paper examines the current Anglo-American judicial system and its history while also considering some of its drawbacks. In response to these short-comings, the author suggests alternative methods of dispute resolution, such as arbitration and impartial investigation. These methods are discussed in light of their use in other legal systems around the world. The author concludes that a reform of the adversarial systems currently in use in the Anglo-North American world would be desirable because reforms might increase the availability of true justice for large segments of the population.
Outline:
Introduction
The Development of the Adversarial System
The Adversarial System vs. Alternative Forms of Dispute Resolution
Alternative Dispute Resolution: The European Civil Code Example
Possibilities and Problems Relating to the Implementation of Alternative Dispute Resolution Systems in Canada, the United States, and the United Kingdom
Conclusion
From the Paper
"The justice system of the Anglo-North American world is an adversarial one. A lawyer is an advocate - he or she represents the case and the views of his or her clients. The rightness or wrongness of the arguments of the opposing side is of no concern to counsel. It is the duty of the lawyer to represent the client's case to the best of his or her ability; to make use of whatever legal arguments, statutes, precedents, etc. will advance his or her client's cause. In essence, the judicial system of the United Kingdom, Canada, the United States, and other nations that follow the English legal tradition, is one of a debate between two sides. It is the responsibility of the judge and jury to decide the case based on the relative merits of the arguments for each side. In contrast to the usage of many other nations, there is no independent attempt made to determine the correctness of either argument. Neither judge nor jury possesses the authority to actually investigate the claims made. As well, Anglo-North American law does not require that actionable cases strictly match the provisions of some pre-established code. Precedent is of great importance having, in the absence of positive law to the contrary, the force of law. In this sense, the law is quite malleable. Through careful research, an attorney might discover a useful prior decision that could lend weight to his or her arguments. Again, since there is no adherence to a strict code of laws, as say the Roman Law, or the Code Napoleon, it becomes possible to manipulate existing laws and precedents to suit the situation. Of course, a major difficulty of any system that relies upon the best presented argument is the danger that such an argument may not actual to be correct. Rather, it only appears to be correct. As a result, many have begun to question the utility and fairness of the adversarial system. "
Tags:arbitration, mediation, impartial, investigation, judicial, system, lawyers, legal, alternatives