This is a Three-Part Activity. The first part you will do independently. The second and third...
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This is a Three-Part Activity. The first part you will do independently. The second and third parts will be posted on the Discussion Board. Part One: Review the town of Beautifica's new Law (see below) and the public policy reasons for enacting it. Now, assume you were just elected Judge in Beutifica. It is your first day on the job and you are presented with five cases of people who have been ticketed for violating the law (see below). All five citizens claim that their situation should be exempt from the law. Your first task is to decide which, if any, of these citizens deserve an exemption. In doing so, remember that the judge's role is to interpret the law. As a new judge, you must consider whether you should interpret the law as it is (which means not allowing any exceptions) or whether you should adapt the law for public policy purposes. Keep in mind that if you choose to adapt the law, where do you draw the line? The line" must be fair and consistent, because you would be creating new precedent or guidelines for the public to follow. However, if you excuse all five citizens, consider whether you would no longer be interpreting the law but would now be re-writing it! The Town of Beautifica's New Law The town of Beautifica has a lovely park in its center, called Central Park. The city council wishes to preserve the feeling of nature, undisturbed by city noise, traffic, pollution and crowding. It is a place where people can go to find grass, trees, flowers and quiet. In addition, there are playgrounds and picnic areas. In order to make sure Central Park stays as it is, the city council passed a law, called an ordinance. At all entrances to the Park, the following sign is posted: "NO VEHICLES IN THE PARK." The definition of vehicle is something on wheels that carries people or things." The Five Ticketed Citizens: a. Case One: There are many trash barrels in the park so that people may deposit all litter, thereby keeping the park clean. The sanitation department drives their trucks in to collect the trash. b. Case Two: An ambulance has a dying car accident victim in it and is racing to the hospital. The shortest route is through the park, so the ambulance drives through. c. Case Three: Two police cars are chasing a suspected bank robber. One cuts through the park, so she can get in front of the suspect's car and trap him between the patrol cars. d. Case Four: Some children are riding their bicycles in the park. e. Case Five: Mrs. Thomas is walking in the park with her double baby stroller, diaper bag, picnic basket, blanket, and a bag of toys. The stroller allows her to carry the children and their things to the playground in the center of the park. Part Two: Your second task is to write a legal "opinion" explaining your philosophy about this issue. Do not copy your conclusion for each situation. Instead, write a rationale that covers your collective decisions. For example: You can explain that you are a "strict constructionist, and it is not up to the judiciary to re-write the laws. You can explain that you would only allow certain types of vehicles into the park but not others, to avoid a "slippery slope" that would render the law meaningless. Post your "Legal Opinion" in the Forum. Your Opinion must be at least 50 words. Part Three: Review the Opinions of the other Judges posted in the Discussion Board. Select one that you disagree with and write a Respectful Dissenting Opinion Do not say "I disagree." The focus of this task is to thoroughly explain why you disagree based on the law. Be logical and persuasive. Your Dissent must be at least 50 words. This is a Three-Part Activity. The first part you will do independently. The second and third parts will be posted on the Discussion Board. Part One: Review the town of Beautifica's new Law (see below) and the public policy reasons for enacting it. Now, assume you were just elected Judge in Beutifica. It is your first day on the job and you are presented with five cases of people who have been ticketed for violating the law (see below). All five citizens claim that their situation should be exempt from the law. Your first task is to decide which, if any, of these citizens deserve an exemption. In doing so, remember that the judge's role is to interpret the law. As a new judge, you must consider whether you should interpret the law as it is (which means not allowing any exceptions) or whether you should adapt the law for public policy purposes. Keep in mind that if you choose to adapt the law, where do you draw the line? The line" must be fair and consistent, because you would be creating new precedent or guidelines for the public to follow. However, if you excuse all five citizens, consider whether you would no longer be interpreting the law but would now be re-writing it! The Town of Beautifica's New Law The town of Beautifica has a lovely park in its center, called Central Park. The city council wishes to preserve the feeling of nature, undisturbed by city noise, traffic, pollution and crowding. It is a place where people can go to find grass, trees, flowers and quiet. In addition, there are playgrounds and picnic areas. In order to make sure Central Park stays as it is, the city council passed a law, called an ordinance. At all entrances to the Park, the following sign is posted: "NO VEHICLES IN THE PARK." The definition of vehicle is something on wheels that carries people or things." The Five Ticketed Citizens: a. Case One: There are many trash barrels in the park so that people may deposit all litter, thereby keeping the park clean. The sanitation department drives their trucks in to collect the trash. b. Case Two: An ambulance has a dying car accident victim in it and is racing to the hospital. The shortest route is through the park, so the ambulance drives through. c. Case Three: Two police cars are chasing a suspected bank robber. One cuts through the park, so she can get in front of the suspect's car and trap him between the patrol cars. d. Case Four: Some children are riding their bicycles in the park. e. Case Five: Mrs. Thomas is walking in the park with her double baby stroller, diaper bag, picnic basket, blanket, and a bag of toys. The stroller allows her to carry the children and their things to the playground in the center of the park. Part Two: Your second task is to write a legal "opinion" explaining your philosophy about this issue. Do not copy your conclusion for each situation. Instead, write a rationale that covers your collective decisions. For example: You can explain that you are a "strict constructionist, and it is not up to the judiciary to re-write the laws. You can explain that you would only allow certain types of vehicles into the park but not others, to avoid a "slippery slope" that would render the law meaningless. Post your "Legal Opinion" in the Forum. Your Opinion must be at least 50 words. Part Three: Review the Opinions of the other Judges posted in the Discussion Board. Select one that you disagree with and write a Respectful Dissenting Opinion Do not say "I disagree." The focus of this task is to thoroughly explain why you disagree based on the law. Be logical and persuasive. Your Dissent must be at least 50 words.
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Part One As the newly elected Judge in Beautifica my role is to interpret the law while considering public policy reasons for its enactment The law cl... View the full answer
Related Book For
Income Tax Fundamentals 2013
ISBN: 9781285586618
31st Edition
Authors: Gerald E. Whittenburg, Martha Altus Buller, Steven L Gill
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