What is the nature of judging in the common law?-What did you learn that you didn’t really know before?

ForClass – What is the nature of judging in the common law?

 

(read “Overview”)

 

Question:

What did you learn that you didn’t really know before?

 

Answer:

 

 

 

(Read “Law Review Article”)

 

Question:

Very briefly state the essential facts of the case.

 

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Question:

What does the statute at issue in this case actually say? Remember that a “statute” is an instance of legislation.

 

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Question:

What isbeing appealed by whom?

 

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Question:

What does  Chief Justice Truepenny  think the court should do?   What does he want to happen to the defendants?

 

Answer:

 

 

 

 

Question:

Is Chief Justice Truepenny a hypocrite?

 

  • Yes
  • No

Answer:

 

 

 

 

Question:

Why or why not? (3 sentences)

 

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Question:

What is Justice Foster’s first ground for reversing the lower court? Which idea that we’ve seen earlier in the semester does he cite?

 

Answer:

 

 

 

 

Question:

Do you find Justice Foster’s first ground compelling or faulty?

 

  • Compelling
  • Faulty

Answer:

 

 

 

 

Question:

What is Justice Foster’s second ground for reversing the lower court? Which idea that we’ve seen earlier in the semester is suggested? (Pay attention to the precedents he cites on page 8,  Commonwealth v. Staymore  and  Fehler v. Nehgas .)

 

Answer:

 

 

 

 

Question:

Do you find Justice Foster’s second ground compelling or faulty?

 

  • Compelling
  • Faulty

Answer:

 

 

 

 

Question:

What does Justice Tatting think is wrong with Justice Foster’s first ground of decision?

 

Answer:

 

 

 

 

Question:

How does Justice Tatting call into question Justice Foster’s second ground of decision?

 

Answer:

 

 

 

 

Question:

Justice Tatting decides to withdraw from the case without casting a vote. Does this strike you as a noble solution to this difficult case or a cowardly evasion of responsibility?

 

  • Noble
  • Cowardly

Answer:

 

 

 

 

Question:

Does Justice Keen think that the morality of the defendants’ act or the moral rightness or wrongness of the law matters for the court’s decision?

 

  • Yes
  • No

Answer:

 

 

 

 

Question:

Do you?

 

  • Yes
  • No

Answer:

 

 

 

 

Question:

What does Justice Keen think is wrong with Justice Foster’s appeal to the purpose of the statute? (pp. 16-19)

 

Answer:

 

 

 

 

Question:

Does Justice Handy think that popular opinion matters to the decision in the case? (pp. 21-22)

 

  • Yes
  • No

Answer:

 

 

 

 

Question:

Do you agree with Justice Handy?

 

  • Yes
  • No

Answer:

 

 

 

 

Question:

What information does Justice Handy reveal about the Executive? What does that lead him to conclude about how to rule on the case?

 

Answer:

 

 

 

 

Question:

Why or why not?

 

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Question:

What is the final outcome of the justices’ votes?

 

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(Read “Short Article”)

Question:

What principle do you think should control the age of criminal liability?

 

Answer:

 

 

 

 

Question:

How old do you think people should be to become criminally responsible?

 

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Question:

Time to complete assignment?

 

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Question:

Main confusions?

 

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Question:

Main insights?

 

Answer:

 

 

 

 

Notes:

 

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