Unclear Law - chapter 2 PROBLEMS - LEGISLATIVE INTENT
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Last updated over 2 years ago
7 questions
Note from the author:
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
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