Please submit a Word document responding to both of the following questions about the Constitution. Please cite your work. You may submit your response as many times as you’d like, but I will only read and consider the most recent attempt.
In Chapter 2 of Law 101, Feinman explains the difference between strict construction (Originalism) and loose construction (Nonoriginalism) of the Constitution. Read the Constitution (it is rather brief, actually) and cite specific areas where you find issues, if any, with vagueness and/or ambiguity. Which approach do you feel is best when interpreting the Constitution? Why? Explain.
Chapter 3 of Law 101 explains the Bill of Rights, with a special focus on the First Amendment. Find a current news article that involves the First Amendment and offer a link to it. Explain the controversy the article is highlighting and how you feel it should be handled, based on your understanding of the First Amendment. You may use your text, the supplemental materials I provided in your Instructional Materials folder, and any outside resources you wish in your response.
After reviewing your instructional materials and the tips on writing effective discussion responses, please respond to all of the following questions, ensuring you answer each piece of each question. Make sure to cite to the text or outside resources you are utilizing to support your responses and to avoid plagiarism.
(A) The PBS video “It’s a Free Country” highlighted various controversial issues brought about by the Constitution and, more specifically, the Bill of Rights. Draw your attention to the segment of the video about the Westboro Baptist Church. The father of a Marine killed in combat felt that the speech of the Westboro activists should have been restricted due to its tasteless and offensive nature. Explain the background details of what happened here in 1-2 sentences, and then argue whether or not their speech should have been restricted under the circumstances. Please incorporate evidence from the Constitution and/or your text.
(B) The PBS video “It’s a Free Country” highlighted various controversial issues brought about by the Constitution and, more specifically, the Bill of Rights. Draw your attention to the segment of the video about the religious controversy at Cranston High School. A student challenged the prayer that was on the wall under the argument that it was a violation of the First Amendment and the student won. Explain the background details of what happened here in 1-2 sentences, and then offer counterarguments for why it may not have been a violation of the First Amendment. The man who wrote the prayer in the 1960s felt that the interests of the majority (in this case, the people who were in favor of the prayer) should trump those of the minority (the single student that had a problem with it). Do you agree? Why or why not? Please incorporate evidence from the Constitution and/or your text.
(C) Chapter 3 of Law 101 and the PBS video “It’s a Free Country” emphasize the protection of political and religious speech that are unpopular and even offensive. What issues do you see today in regard to political and religious speech? Please explain specific examples. Do you feel that this speech should be restricted under certain circumstances, or do you feel that people have the right to express their beliefs absolutely? Should speech that is deemed offensive or hateful be banned? Feel free to cite to outside sources, if you wish, but please incorporate evidence from the Constitution and/or your text, at least.
posting, and you need only do 2 of the 3 questions, rather than all 3.
Exploring Your Interests
This course is meant to be an introduction to the areas of the law learned in the first year of law school. Though you will learn broad concepts on these fundamental topics, I want you to do more independent research on an area of law that specifically interests you. You will be responsible for writing one 9 – 11 page paper this term about a topic of your choice, and it will not be due until the last week of the course (this will be your final exam grade). Please share with me your preliminary thoughts on what areas of law you might wish to write about.
*****For research papers, I need you to do at least 2 pages please******.
and especially in our field of legal studies, you will want to select a topic that has an argument or controversy behind it. For example, if you were to write an informational piece that explains how child support works in the state of Florida, that would be purely informational and not the best paper topic for our purposes because it expresses no argument. However, if you were to argue that the child support system in Florida must be changed and you offer amendments to the current system, then that would be a strong paper topic. Please keep this in mind
Week 2: The Litigation Process
After reviewing your instructional materials, respond to two of the following questions. Please ensure you respond to every part of the question and that you cite the sources you use!
(A) If you watched “A Civil Action,” give a brief synopsis of the movie and explain what the case was about. Then, identify the scenes in the movie that discuss the litigation process that Chapter 4 of your text explains (where is the complaint, motions, etc.). Try to be as specific as possible in identifying and explaining what these steps are. What did you learn from this movie (this can be in regard to the process, to how attorneys choose their clients, etc.–very open-ended)?
(B) America is known to be a very litigious society. On page 98 of your text, Feinman states, “The complaints are voiced in the newspapers, on radio talk shows, and in political campaigns: Too much litigation. Too many lawyers. Everyone is getting sued for everything. No matter if you win or lose, it will cost you a fortune.” Do you think this is a serious problem, or is it merely a necessary result of our right to sue? What ideas would you propose to make our system more efficient, less costly, and as fair as possible? Find a court case in the news that you feel is unreasonable, unfair, or abusive to our system. For example, a person suing for something you feel is frivolous or a court awarding a person fees you think are way too excessive for the harm committed. Do some searching around to ensure you have all the facts straight, and offer a link to whatever you find.
(C) A prominent controversy this past year that involves civil law was the implementation of transgender “bathroom bills.” This civil suit began with the state of North Carolina filing a complaint against the federal government about the federal directive allowing transgender students to utilize the restrooms of their choice. While North Carolina was a leader in promoting laws requiring transgender individuals to utilize restrooms based on their biological sex, other states have also proposed this legislation in the past few months. Very recently, President Trump has since rescinded those federal guidelines. Do your own research on this issue and identify arguments in favor of and against bathroom bills, and then offer your arguments for both sides. Should “gender identity” be a federally-protected class along with race, national origin, sex, and religion? Offer your explanation, ensuring to cite any reliable sources to support your arguments.