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Please post your answers to the Essay Questions in this forum by Friday midnight, read and debate two other classmates’ postings by Sunday midnight. Your essay format needs to be the same format as 1-6a Analyzing a Case example shown on textbook page 13 with “Facts, Issue, Decision, Reasoning”. you can chose same essay question but you can’t chose same essay question for all of them which means 2 papers can use same essay question and other one is different.
1 What is the total population for each country? Which country’s population is growing the
fastest? What is the median age?
China
Population: 1,419,635,423
Median age: 37.3 years
Unite state
Population: 328,894,954
Median age 37.8
US is growing the fastest
2.Compare the government types for each country. What type of legal system does each have?
China is a communist party-led state. Their legal system is influenced by Soviet and
continental European civil law systems. This meant that they also had legislature retains
power to interpret statutes. In the early 2017, the National People’s Congress took the first
step in adopting a new civil code by passing the General Provisions of the Civil Law.
United States government is a constitutional federal republic. The United states uses
a common law system that is based on English common law at the federal level. This is ran at
the state legal systems based on common law except Louisiana. Louisiana uses a Napoleonic
civil code.
Which country has the largest number of cellular phones in use? What percentage of the
population uses cellular phones?
China has a cellular phone usage of 1,583,500,000 and 100% uses cellular phones
The United States has a cellular phone usage of 395,881,000. 95% uses cellular phones
According the data, china has a larger number of cellular phones than America.
Based on your research, which country would you choose to introduce your product? Why?
Based on my research, I would like to introduce my product to Chinese economic market.
Nowadays, as the economic develop, China is getting stronger and stronger, and people’s living
standards are soaring. Therefore, People consumption level rise. they have higher spending
power and upgrade consumption trend continues. In addition, china has higher population count
and has a larger percentage of population that uses cellular phones than the Unite state and which
means we have more chance to sell the product to them.
Sample legal essay:
Facts: At approximately 7:50 pm, bells at the train
station rang and red lights flashed, signaling an
express train’s approach. David Harris walked
onto the tracks, ignoring a yellow line painted on
the platform instructing people to stand back. Two
men shouted to Harris, warning him to get off the
tracks. The train’s engineer saw him too late to
stop the train, which was traveling at
approximately 55 mph. The train struck and killed
Harris as it passed through the station. Harris’s
widow sued the railroad, arguing that the
railroad’s negligence caused her husband’s
death.
Issue: Did the railroad show signs of negligence
in this case? Or did Harris’s negligence lead to his
own death? Should the railroad be held
accountable for the death of David Harris? Will
Harris’s widow win her lawsuit?
Decision: No, the railroad did not show signs of
negligence since there were multiple conditions
set in place to help avoid deaths from occurring.
Yes, David Harris’s acted in a negligent way that
ultimately led to his death. No, the railroad should
not be held accountable for the death of Harris
because they set a great number of precautions in
place to limit the possibility of someone dying. No,
Harris’s widow will not win her lawsuit.
Reasoning: In order for a plaintiff to win a
negligence case the plaintiff has to prove that all
five elements: Duty of Due Care, Breach, Factual
Cause, Proximate Cause, and Damages, are
present. If one of the elements is not proved there
is no liability. The plaintiff must prove Duty of Due
Care which is when the defendant had a legal
responsibility to the plaintiff. In this case, being
that it was a train station the railroad had a duty of
due care with the highest liability because people
there are considered
invitees. An invitee is a person who has a right to
enter another’s property because it is a public
place or a business open to the public. For the
plaintiff to continue her negligence case she had
to prove the next element otherwise she would
lose the case entirely. Breach is when the
defendant has breached their duty of care or
failed to meet their legal obligations. In this case,
the railroad did not breach its duty of care
because there were flashing red lights and bells
ringing that served as a warning to anyone who
was at the train station that something was about
to happen, in this specific case the train was
approaching. Also, in case people at the station
ignored the bells and flashing lights there was a
yellow line painted on the platform that warned
people to stay back so they would not get hit by
the train. Since the railroad did not breach its duty
of care the plaintiff will not be able to win the
negligence case because she can’t prove all five
elements needed to win the case.
By definition, negligence is a failure to behave
with the level of care that someone of ordinary
prudence would have exercised under the same
circumstances. Harris did not behave with the
same level of care that someone would normally
would have when at a train station because he not
only ignored the safety precautions set at the train
station which were the red flashing lights, bells,
and the yellow painted line on the platform, but
also the two men at the station that shouted at
him to get off the tracks. Also, Harris took the
assumption of risk by walking onto the train
tracks. Assumption of Risk is when a person
voluntarily enters a situation that has an obvious
danger and cannot complain if injured. It is known
that crossing train tracks can be dangerous if one
does not take some level of precaution. By
crossing the tracks when all signs of an
approaching train were present Harris took the
assumption of risk and suffered fatal
consequences. Thus, his wife cannot hold the
railroad responsible for what happened to him.
This then leads one to the conclusion
that Harris is responsible for his own death
because of his negligence.
The railroad should not be held accountable for
the death of David Harris because Harris ignored
all the safety precautions that were set by the
railroad to avoid people from getting hurt. Also, as
previously stated it was Harris’s negligence that
caused his death, so he is the only one that
should be responsible.
Harris’s widow will not win the lawsuit because
she cannot prove all five of the elements needed
to win a negligence case. Her argument for the
lawsuit was most likely done out of emotional
distress seeing that she lost her husband.
Reference: Textbook Pg. 146-149, 153
https://www.law.cornell.edu/wex/negligence
Sample devil’s advocate
Conley should be charged with racketeering as
defined by the Racketeer Influenced and Corrupt
Organizations (RICO) Act of October 1970.
Conley purchased the original poker machines,
which could be constituted as a crime in
Pennsylvania, followed by the repeat offense of
purchasing more machines with his profits.
According to the US Department of Justice, “the
government must prove beyond a reasonable
doubt: (1) that an enterprise existed; (2) that the
enterprise affected interstate commerce; (3) that
the defendant was associated with or employed
by the enterprise; (4) that the defendant engaged
in a pattern of racketeering activity; and (5) that
the defendant conducted or participated in the
conduct of the enterprise through that pattern of
racketeering activity through the commission of at
least two acts of racketeering activity as set forth
in the
indictment. ” As it is obvious that he was (1)
conducting the unlawful business, (3) that he was
associated with the bars and clubs conducting the
unlawful business, (4) that he seems to intend to
continue committing the crime, or “pose a threat
of continued criminal activity”, and (5) has
committed the crime at least twice.
https://www.justice.gov/jm/criminal-resourcemanual-109-rico- charges
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“Essay Questions” #4 on page 162 OR
“Essay Questions” #2 on page 188 OR
“Essay Questions” #1 on page 231
Please post your answers of the Essay Questions in this forum first, then read and debate two
other classmates’ postings. Your essay format needs to be the same format as 1-6a Analyzing
a Case example shown on textbook page 13 with “Facts, Issue, Decision, Reasoning”. Your
responses to your classmates’ postings should follow the guidance of “Devil’s Advocate” on
textbook page 15.
The grading criteria of your essay is shown below:
Facts: 0 point ( You simply copy and paste the facts provided by the essay questions from the
textbook)
Issue: 1 point ( Your capability of identify ALL the legal issues presented by the case)
Decision: 1 point (serving as a judge, you need to issue a court decision when all issues are
decided)
Reasoning: 4 points ( This is the most important part of the essay. You need to refer to the
definition of the law and interprete it to support the decisions above. )
