Question 6
The agency has the power to promulgate regulations and so in this case the official representative of the agency has the discretion to promulgate what rules finds necessary for the case. It has also been established that the agency through the power of discretion given to him by the congress. The other thing is that the agency has the power to select who will investigate a certain case. This is because as it has been established; agencies do not have resources to investigate every person and business for compliance with the law. The other thing that has been depicted in this case is the agency if given more time to investigate may find a case of violation in this case. This has also been depicted that the agency has the power to appeal any case if it feels that it has not conducted sufficient investigation that would make the judge rule in favor of them. However, the issue of prosecutorial discretion can be misused in this case as the agency ties to look for more information that will help to win the case.
Question 7
The case of Ruth versus society to control unwed mothers can be a bit challenging. This is because all along in the years that this group has been using the park had a flat arte of 100 dollars but this time the rate increases with hundred percent making SCUM to petition Ruth. In his defense, Ruth says that the previous time the group visited the park; it left it in a mess. This means that the 100 dollars the park had earned was less for the aftermath activities that were cleaning the park. As stated by Ruth, the park used more money to clean the park than the group offered, thus the hiking of prices. According to plaintiffs and defendants, the word citizen means natural persons, business entities. Therefore both the natural persons and the business entities seek to redress on 1983. However, the law may limit recovery to citizens. This clearly means that Ruth has the right to redress her case under 1983 which will make things easier for her. It has been estimated that actual damages, declaratory relief may be awarded against localities but not punitive damages. In this sense the judge may rule in favor of Ruth depending on how she represents her case that will be convincing to the members of the jury.
Question 8
1. Abbreviation and explanation of the issue
The petitioner of this case who is John Erhard broke his leg before he could join his appointed work in a ranch. The case that is before the court is whether the petitioner should use the company resources to get treatment or not.
2. Analysis
Having completed all the necessary documents, Erhard is sure that he is getting the job and is only waiting for the date of commencement. Due to his inability to attend work, the management thinks that he should evacuate the company premises. This does not happen as the day he was supposed to evacuate was far much before the day of his last visit to the doctor. The doctor says that his injury was more serious and he could not work in the ranch in his current condition. Erhard decides to leave the ranch as he depicts that he is not interested in working on the ranch.
3. Ruling
According to the judgment, Erhard is not liable to accept liability in this case. The other thing is that liberty is not entitled to pay his medical bills and indemnity benefits. The other judgment is that Erhard is not entitled to costs, attorney fees or penalty for this action.
4. My opinion.
The court was unfair in its ruling. This is because once a person signs all the necessary appointment documents; he automatically becomes an employee of the company whether he has worked for one day. Thus I think that the company was entitled to pay for his medical bills.
