Prepare:
Do: No Vehicles in the Park problem
Think about the prohibition
- What do you think it covers? Does it prohibit each of the people and activities listed in the problem? What arguments would you make for and against prohibition? (Do not do any research – I just want you to think.)
- How would you go about figuring out whether any of these "conveyances" was intended to be prohibited? What sources might you consult? In what order? Why would they be appropriate? What process are you using?
In Class: No Vehicles in the Park Problem
Reflect:
1. What process were you using to determine whether each of these hypos involved a "vehicle"? What process should a court use? Should we look for a definition? Should we establish a rule with elements? Should we categorize and compare? What do you think the legislature would have wanted us to do? If we opt for a definition or rule, can it be specific enough to cover all eventualities. If not, what then?
2. What policy is or is not served by applying this statute to each particular set of facts? What policy or policies did you have in mind when trying to resolve these hypos in the first place? Did you think explicitly about that policy, or did you try to formulate a test/rule/definition in light of that policy? What difference does it make?
| Next Class | Previous Class | Home |