Assessment of Vague Law Essay Paper
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
Assessment of Vague Law Essay Paper
Please respond to each prompt in at least 100 words. These are thought responses and will require no references, just your thoughts on the prompts.
Prompt 1
The vague law about vehicles being prohibited on park paths, reminds me of a news story a few years ago about an officer shutting down a kid’s lemonade stand, because it is illegal in their state (many states actually). I remember thinking, “if selling lemonade is illegal, shouldn’t selling girl scout cookies be too!”
You could argue that this law is an example of both legal paternalism (for the safety of the driver) and offense principle (comfort of bystanders and could potentially lead to harm). Offensive behavior is open for interpretation by the individual, which in return creates additional vagueness.
If I look at both angles (self vs. others), I would define the law as, all riding vehicles are prohibited on the park “walking” paths. This includes, but not limited to, motorized vehicles (motorcycles, battery-powered kid’s vehicles, golf carts, etc.) and non-motorized vehicles (bicycles, skateboards, roller skates). Moreover, I would guide individuals to the bike path, skatepark, and other appropriate outlets for the stated vehicles.
By defining the law and providing clear examples, it is providing safety for both riders and pedestrians. In addition, a vague law permits law enforcement when to enforce and when to ignore (lack of consistency from officer to officer) and could open the door for other types of cases. For example, if a child is not ticketed for riding a bike on the park path, but an adult is, could this be a future age discrimination case?
Prompt 2:
Vague statements are found in a lot of our everyday conversations, but when they are found in a written law or ordinance, it can become even more difficult to interpret them. In the example from the text book, it is clear that in this statement the word “Vehicles” needs to be better defined. If this law or ordinance is challenged in the court of law, I feel that it would be the attorney’s responsibility to establish what classification the word “vehicles” refers to.
What was the originally purpose when the ordinance or law was put into effect? I do not feel that the law should be interpreted to ban the use of bicycles, children’s pedal cars, and battery-powered remote-control cars. If I were to argue against the ordinance to allow these, I would try and establish these as toy’s and not “vehicles.”
One could argue that a “vehicle” in a park setting would be classified as something having a gas motor over a certain horsepower and requiring a seatbelt or helmet to operate. Maybe “recreational vehicles” would have been a better word choice. As an attorney arguing against the vagueness of this law, I would attempt to use “Legal Paternalism” or in this case, the lack of it to defend my claims.
A view that a law can be justified if it prevents people from doing harm to themselves; that is they forbid people from doing X or make it impossible to do X, for a person’s own good. Riding a bicycle, or a kids pedal car usually wouldn’t fall into a category of harm and are not typically banned to protect a person from doing them.
Hopefully this would allow people riding a bicycle, or a small child’s battery-operated car, access to the path in the park without fear of breaking a law or violating an ordinance.
Assessment of Vague Law Essay Paper
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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