Question
The purpose of this weeks assignment is to practice analyzing legal cases with the following fictional case, the Speluncean Explorers. The case takes place in
The purpose of this weeks assignment is to practice analyzing legal cases with the following fictional case, the Speluncean Explorers. The case takes place in the fictitious 'Commonwealth of Newgarth', and contains different judicial opinions that explore the facts from different legal perspectives.
What to do:
Read the condensed version Download the condensed version(Morgan, 2019) of the case (Note: the full version can be found through Hatch Library hereLinks to an external site.) and then address the following in a 2-3 page APA formatted paper (Title page and references do not count in the page count). Answer the following in your paper:
1. Explain the legal question before the court. What is the court being asked to decide?
2. What is the applicable law (give its name and description) that applies in this case?
3. Explain which of the judges is a legal positivist. A legal realist? A follower of natural law theory? Be sure to explain what each theory is and how you know which each of the justices follows. Additionally, explain how it is possible that the judges came to different conclusions about what the outcome should be if they are all applying the same law to the facts provided. This section is the most significant portion of your analysis!
4. If you had been a judge hearing this case, how would you have decided?
Please type your responses in Times New Roman 12-point font with double spaces and don't forget to include a reference page and in-text citations as needed following APA formatting guidelines.
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