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Essay / Research Paper Abstract
This 9 page paper examines the origin and scope,
the content, and methods of developing approaches
to this 1889 law case. This case is considered a
favorite of the issue of morality vs legality
involving a grandson who kills his grandfather and
then lays claims to the estate. Bibliography lists
7 sources.
Page Count:
9 pages (~225 words per page)
File: D0_BBriggsP.doc
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Unformatted sample text from the term paper:
"Facing Facts in Legal Interpretation," Kim Lane Schepple, who teaches political science and in the law school at the University of Michigan, attempts to demonstrate that the facts of a
case are as much subject to interpretation by judges as is the law. To make her point, Schepple uses the 1881 Riggs v. Palmer (http://lilt.ilstu.edu/teeimer/Court%20Cases/Riggs.htm.) case in which the
young Elmer Palmer poisoned his grandfather in order not to lose his inheritance. As Schepple writes, in the Anglo-American legal culture, at least as it seems to exist today for
the everyday citizen, "The practice of judging simultaneously engages in an ongoing project of meaning making, producing a single opinion in which fact and law are woven together in one
coherent whole. Constructing the fact and constructing the law are not two separate enterprises, but are mutually implicated in the same project" Schepple also reminds us that what is
important in adjudication, whether it be at the trial or appellate level, is that stories that litigants tell "resonate both in the world from which the disputes and conflicts come
and in the specialized world of legal discourse"( Betsalel 61). Origins and scope This case is based on what originated under English law
and was termed, the forfeiture rule. The forfeiture rule in the context of succession law is a rule of public policy under which the killer of a person is unable
to benefit from the death of that person. It is perhaps the clearest illustration of rules of public policy in relation to deceased estates. The forfeiture rule has operated to
prevent the killer from benefiting from his or her act, and also to prevent persons taking through the killer from benefiting from the act. The rule applies both to wills
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