Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

In this assignment, you will be presented with a Municipal Law and different situations where the law was violated. Your task is to be the

In this assignment, you will be presented with a Municipal Law and different situations where the law was violated. Your task is to be the Judge. As Judge, you have the power to interpret the law and determine whether the law should be amended to include or exclude these situations. You may choose to be a "strict constructionist" and conclude that no exceptions should be allowed because it is the legislature's obligation to write the laws. Or you may choose to make exceptions for "public policy" reasons, however, be mindful of the "slippery slope" argument: if you make too many exceptions you have, as a judge, essentially re-written the law and you are not an elected official. {Remember that it is the Legislature and not the Judiciary who is elected to write the law.}

In your post, reflect on all 4 of the scenarios and write a statement of which scenarios, if any, you would allow. Explain your reasoning: why you did or did not allow exceptions, keeping in mind that you are setting Precedent which will be applied to future situations. Your statement should provide Guidance to the community and other judges so that they know what to expect in similar situations.

THE LAW OF MICHIGAN

THANK YOU.

Applying the Law to Different Fact Scenarios

In this Assignment, you will be presented with a Municipal Law and different situations where the law was violated. Your task is to be the Judge. As Judge, you have the power toInterpretthe law and determine whether the law should be amended to include or exclude these situations. You may choose to be a "strict constructionist" and conclude that no exceptions should be allowed because it is the legislature's obligation to write the laws. Or you may choose to make exceptions for "public policy" reasons, however, be mindful of the "slippery slope" argument: if you make too many exceptions you have, as judge, essentially re-written the law and you are not an elected official. {Remember that it is the Legislature and not the Judiciary who is elected to write the law.}

In your post, reflect on all 6 of the scenarios and write a statement of which scenarios, if any, you would allow. Explain your reasoning: why you did or did not allow exceptions, keeping in mind that you are settingPrecedentwhich will be applied to future situations. Your statement should provideGuidanceto the community and other judges so that they know what to expect in similar situations. Feel free to consider your peers' comments or discuss the situations with your peers in the Chat Room before submitting your Post.

The town of Beautifica has a lovely park in its center. 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 the 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 ofvehicleissomething on wheels that carries people or things."

Cases:

  1. 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.
  2. 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.
  3. 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.
  4. Some children are riding their bicycles in the park.
  5. Some disabled persons in motorized wheelchairs are coming to the park.
  6. 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.
  7. rap him between the patrol cars.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Family Law

Authors: Jonathan Herring

10th Edition

1292343257, 978-1292343259

More Books

Students also viewed these Law questions

Question

1. Maintain my own perspective and my opinions

Answered: 1 week ago