Why do judges rely on case law in order to determine an element from a statute, like intent?
The government, via the legislative branch, pass laws designed to protect people from themselves. For example, seat belts and helmets. After 9/11 everyone willingly walked through x-ray machines, took off their shoes, and permitted security to rummage through our bags. Yet, the imposition of wearing a mask to reduce the spread of COVID was seen by many as a violation of their rights. Does the government have a right to impose laws designed to protect ourselves from “ourselves” and from “each other”? Defend your position. Absolutely no use of first person. The source cited must be your voice.
Gaga Tools, Inc. manufactures several tools that are capable of causing serious injury to consumers if the instructions are not followed. Is this legal? Is it ethical? Defend your position. Remember, absolutely no use of first person. The source cited must be your voice.
You own a retail store specializing in high-end fashion clothing, which requires delivery of items on a timely basis in order to maintain their value as the latest trend. Your contract with Gucci stated a specific delivery date for their fall items. However, due to issues with U.S. Customs, the items arrived one month later than expected. In resolving this international dispute, what forum would be most beneficial: law suit filed in federal court, arbitration, or mediation? Explain the rationale behind your choice. Again, absolutely no use of first person. The source cited must be your voice.
Referring back to your retail store, assume that Gucci requests copies of your business records regarding previous shipments with other designers as part of the discovery process. For the sake of this question, assume that their request is valid and mandated by the court. Should it be inferred that your failure to have those records was intentional? In other words, should the court assume that you intentionally destroyed those records? Explain the rationale behind your argument. Once again, draft a response by using a source as your voice.