Monday, July 29, 2019
Legal Reasoning and Writing Essay Example | Topics and Well Written Essays - 500 words
Legal Reasoning and Writing - Essay Example ublicââ¬â¢s interest and recognizes statesââ¬â¢ legislative authority that the courts would uphold based on the precedent that the case of Jacobson v Massachusettsââ¬â¢ (1905) set. Facts to the case identify an epidemic, viral gastroenteritis, in the nation, which is also significant in the capital of South Caledonia. There has been a series of the viral infection that affects groups such as people in schools, apartment complexes, and has been reported in large emergency shelters. Viral gastroenteritis causes fever, abdominal pain, nausea, vomiting, and diarrhea, and affects people by limiting their ability to go to work when they are sick or by forcing people to stay at home to take care of the infectionââ¬â¢s victims. There are however only few cases of hospitalization and two reported fatalities. A vaccine was developed a year ago and the FDA approved it for its proven effectiveness and limited adverse effects that is only realized as a sore at the point of injection. State Legislature of South Caledonia then passed a law requiring all people to receive vaccination with a fine of $ 750 for non-compliance unless a person receives state approval for exempt ion. Even though Mr. Russell does not qualify for exemption under the statute, he does not wish to apply for exemption and does not want to receive vaccination. Instead, he wishes to sue the state for protection of his liberty. The constitution, statutes, and case laws are some of the sources of law for guiding judicial decisions and the case of Jacobson v Massachusetts (1905) offers a basis for interpreting conflicting provisions of the constitution and the statute of South Caledonia. While the constitution provides for protection of individuals rights and liberty, Fourteenth Amendment, it also restricts such rights based on rights of other citizens, the Ninth Amendment, and grants states legislative power (Schultz, 2009). The facts of the Jacobson v Massachusettsââ¬â¢ case in which Jacobson declined to receive
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