The sufficiency of fact is a prerequisite where we should start to operate my decision process
The sufficiency of fact
- Fact: The sufficiency of fact is a prerequisite where we should start to operate my decision process
- Issue: In our own word is a general (or legal) statement that frames pertinent facts with law (or rule) requiring an answer (or court decision); it should be stated with a “whether-statement” e.g.Whether the United States Olympic Committee (USOC) is a state actor that can be treated under the due process and equal protection clauses contained in the 5th and 14th Amendments to the U.S. Constitution?
- Rule: The law in the form of statement of the rules pertinent in deciding the issue stated; sometime it can refer to following what ought to be.
- Analysisor Application: To compare pertinent facts with applicable rules in attempt to answer the questions raised in the issue statement.
- Conclusion. You would have no other choice, after your analysis, to reach at your conclusion one way or another; of course, when the additional fact get introduced, or a different rule applies, your conclusion may be quite different.
5 pages work with this structure for each topic
5 different topics
Topic #1 Confused or Biased
A boy and his father who drove a car to visit London from their countryside village home. They ran into an accident and both were injured and rescued; on the way to be sent to hospital, the father struggled for his life and died, and the boy was managed to be sent to reach at the hospital ER and needed a surgery to save his life. A doctor examined the patient and said. “I cannot do the operation because he is my son.”
??? Please see if you can render your possible answer. And also for the broad learning objective in our class, please read the following article and try with your analysis.
Topic #2U,S, Supreme Court Decision Regarding Fundamental Rights and Marketplace
I know it is a challenge to read this narrowly defined case by the U.S. Supreme Court; it provides a template for conducting analysis by reasoning according to a standard though. Please see if you can give a try on your own reasoning, and see if your reasoning may lead to a different conclusion or not. Please just smile if you find it impossible to conduct your own analysis because people who got involved in this case are those legal professionals, judges, and Justices who are still struggling to find a reasons to agree or disagree. Just move on with our life, and start to learn those basic skills of anlaysis.
Topic #3 Newly Implemented GDPR and repercussions for online business
Please read the following news report and ponder how far the business online can go or reach in relations with the scope of individuals’ privacy — one of the fundamental rights of human beings, or a natural law dictation.
In your analysis, please use the template of fact, issue, rule, analysis, and conclusion.
Topic #4 FBI vs Apple
Please dig into the Internet information to see if you can sort the following components out:
Hints: 1. Is FBI a state actor? Can a state actor compel a publicly listed company to do certain things? Under Federal law or state law? etc.
2. Standards of Review. Whenever an issue touches a fundamental right protected under the Constitution such as privacy, the American court system will apply the standard of strict scrutiny, i.e. a state actor has the highest burden of proof in the legal process at all levels of our court system. In most cases, the state actor will not prevail because of this high “hurdle” — a guarding device to our fundamental rights
This is just to inspire your curiosity to entertain yourself into the learning mode of this class 🙂
Please make your posting independent or standing-alone, so to allow others to comment
Topic #5 First Amendment, Trespass, Nuisance?
Please search for the pertinent news reports and render your own analysis after you have read the following article (that has given a detailed review and analysis)
Please use our case analysis format too.