You have studied the role of political theories in the development of the American legal system.
You have studied the role of political theories in the development of the American legal system. You have also explored features of the U.S. legal system, including its history, procedures, and institutions. In order to understand the U.S. legal system, it is helpful to explore an actual legal issue.
This Assignment has two parts:
You are a paralegal at the law firm of Dewey, Earn and Howe. A new paralegal, Willy Understand, has just been hired and you have been assigned to mentor him. On his first day, he has been given a memo research project concerning motorcycle helmet laws. But Willy is woefully inexperienced in the area of constitutional law and knows next to nothing about helmet laws. The senior partner has given him the following assignment: “There seems to be no question that motorcycle helmets are an important safety precaution that prevent death and injury. However, some argue that it violates the very nature of liberty for government to make helmets mandatory, to prosecute victimless crimes and prohibit actions that are merely bad habits or vice. Read the attached articles and then submit to me a 1–2-page argument,supported by political theory, as to whether it is an appropriate role of government for our state to have a mandatory law requiring people to wear a helmet while riding a motorcycle.” You tell Willy to make sure the memo focuses on the constitutionality of helmet laws and to reference the Constitution. Willy seriously needs your help with this first project. So you agree (with boss’ approval) to draft this and then work with Willy to edit it so that you both get credit for it. You are a good writer. DRAFT THE PAPER and free Willy from the stress. Show him how it’s done.
Note: The reference to “government of our state” means YOUR state, the state the student resides in.
U.S. Department of Transportation Campaign Safe and Sober. (1996, October). Motorcycle helmets: The facts of life. Retrieved from http://www.nhtsa.gov/
Vance, L. M. (2010, May 21). Every crime needs a victim. Campaign for Liberty. Retrieved from https://www.lewrockwell.
2. For the second part of this assignment, answer the following: If your state chose to prosecute someone for not wearing a helmet while operating a motorcycle, then how would the case work through the court system from trial court to the highest appellate court? Write a 1-page description of how the case would progress from the trial court to the highest appellate court in your state. Be sure to briefly describe each level of court, and cite to the authority where you got the information about your state court system.
NCSC website (links to all state court systems)
Required Criteria:
In addition to fulfilling the specifics of the Assignment, a successful paper must also meet the following criteria:
TOTAL ASSIGNMENT (both parts) length should be 500-600 words excluding cover page and references page.
Double spaced and 12-point font.
Paper should be in APA format.
Viewpoint and purpose should be clearly established and sustained.
Assignment should follow the conventions of Standard American English (correct grammar, punctuation, etc.).
Writing should be well ordered, logical, and unified, as well as original and insightful.
Your work should display superior content, organization, style, and mechanics.
Appropriate citation style should be followed.
REQUIREMENTS
Answer preview You have studied the role of political theories in the development of the American legal system.
APA
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