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Unclear Law - chapter 2 PROBLEMS - LEGISLATIVE INTENT

Posljednje ažuriranje about 3 years ago

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Napomena autora:

Instrukcije

10

Pitanje 1

1.

Tony lives on one side of the city and works on the other. He will save ten minutes if he drives through the park.

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The City of East Orange has established a lovely park. The city council wishes to preserve some elements of nature, undisturbed by city noise, traffic, pollution, and crowding. The park is a place where citizens can find grass, trees, flowers, and quiet. In addition, there are playgrounds and picnic areas. At one time a road ran through the park. Now the road is closed. The city council has enacted a law requiring that all entrances to the park have the following sign posted: NO VEHICLES IN THE PARK.

The law seems clear, but some disputes have arisen over its interpretation. Interpret the law in the following cases, keeping in mind what the law says (the letter of the law) as well as the legislative intent. Examine each situation and decide whether or not the vehicle described should be allowed in the park. Write the reasons for your choices. When you finish analyzing all of the situations, rewrite the law to make it clearer.

1. DOES IT VIOLATE THE LAW ON ITS FACE? 2. SHOULD THE ACTIVITY BE ALLOWED? 3. REWRITE / MODIFY / AMEND THE LAW TO ALLOW THE ACTIVITY

The City of East Orange has established a lovely park. The city council wishes to preserve some elements of nature, undisturbed by city noise, traffic, pollution, and crowding. The park is a place where citizens can find grass, trees, flowers, and quiet. In addition, there are playgrounds and picnic areas. At one time a road ran through the park. Now the road is closed. The city council has enacted a law requiring that all entrances to the park have the following sign posted: NO VEHICLES IN THE PARK.

The law seems clear, but some disputes have arisen over its interpretation. Interpret the law in the following cases, keeping in mind what the law says (the letter of the law) as well as the legislative intent. Examine each situation and decide whether or not the vehicle described should be allowed in the park. Write the reasons for your choices. When you finish analyzing all of the situations, rewrite the law to make it clearer.

1. DOES IT VIOLATE THE LAW ON ITS FACE? 2. SHOULD THE ACTIVITY BE ALLOWED? 3. REWRITE / MODIFY / AMEND THE LAW TO ALLOW THE ACTIVITY

Pitanje 2

2.

To keep the park clean, trash barrels are located throughout the area. The sanitation department wants to drive a truck into the park to collect the trash from the barrels.

Pitanje 3

3.

Two police cars are chasing a suspected bank robber. If one police car cuts through the park, it can get in front of the suspect’s car and trap it between the patrol cars.

Pitanje 4

4.

An ambulance is racing to the hospital with a dying patient. The shortest route is through the park.

Pitanje 5

5.

Elena wants to take her baby to the park in a stroller.

Pitanje 6

6.

A monument is being erected to the city’s citizens who died in the Vietnam War. A tank, donated by the government, is to be placed beside the monument.

Pitanje 7

7.

Greg had both legs amputated and uses an electric wheelchair. He wants to visit the park.