Analyzing and Using Statutory Law (PL1401 In-Class Practice Exercises) - Spring 2024 (1)

.docx

School

Cuyahoga Community College *

*We aren’t endorsed by this school

Course

1401

Subject

Law

Date

May 2, 2024

Type

docx

Pages

Uploaded by DoctorFish6871 on coursehero.com

Analyzing and Using Statutory Law (Practice Exercises) This activity is meant to provide you with practice in reading, analyzing, and applying statutory law. Submitting your answers via Blackboard will enable you to earn the amount of credit listed within the Syllabus for In-Class Exercises. If you do not submit your work, you will not receive any credit. You may type your answers directly into this document. UNITED STATES CODE – BALD EAGLES You are working as a paralegal for a criminal defense attorney. Your supervising attorney is representing two clients (Client A and Client B) who enjoy studying ornithology in their spare time but have encountered legal trouble as a result of their attempts to obtain various bird-related items. Another paralegal—who is an alumna of the Tri-C Paralegal Studies Program—has located the relevant statutory section for you. It is linked in the folder. Please use this statutory section to answer the following questions: What is the title number of this statutory section? 16 What is the general “topic” that is covered by the title that contains this statutory section? This describes the treatment of a bald eagle and if not treated correctly the consequences. What is the section number of this statutory section? 668 You may assume that Client A has no criminal record. Client A took a bald eagle egg from a nest in the Cuyahoga Valley National Park on September 12, 2023. What is the maximum criminal fine that they can face? $5,000 or imprisonment for no more than one year. Your supervising attorney later learns that Client A has already been convicted of a violation of this statutory section in 2020. As previously mentioned, they took a bald eagle egg from a nest in the Cuyahoga Valley National Park on September 12, 2023. What is the maximum prison sentence that they can face for their actions on September 12, 2023? $10,000 or imprisonment for no more than two years. Client B ran on the C&O Canal Towpath in the Chesapeake and Ohio Canal National Historical Park on September 13, 2023. Client B noticed 3 bald eagle nests, and they took one bald eagle egg from each nest. They did not obtain permission from the appropriate authorities before doing so. How many violations of this statute were potentially committed by Client B? Possibly 3

Why? Due to each Bald eagle egg they took. What is the maximum total amount of civil fines that Client B can face for their actions in the prior question? $15,000 OHIO REVISED CODE – RELEASED TIME You are working as a paralegal for a supervising attorney who is advising a school district about their “released time” policy. Another paralegal—who is an alumna of the Tri-C Paralegal Studies Program—has located the relevant statutory section for you. It is linked in the folder. Please use this law to answer the following questions: What is the section number of this statute? 3313.6022 In which title number can this statute be found? 13 What is the general “topic” that is covered by the title that contains this statutory section? Being released from school due to religious beliefs. Can a public school employee teach a “released time” class at their place of worship during their lunch break? Why or why not? What is the relevant subsection of Section 3313.6022 of the Ohio Revised Code that you used to address this question? No, the teacher cannot provide religious materials in public schools. Subsection 5 of B describes that that no public school personnel are involved in providing the religious materials. A student would like to participate in a “released time” class at their place of worship. However, in order to do so, the student will need to miss their Honors Chemistry class. Honors Chemistry is considered a “core” class because it is a graduation requirement. Can the student participate in “released time”? Why or why not? What is the relevant subsection of Section 3313.6022 of the Ohio Revised Code that you used to address this question? No, the student cannot participate in “released time” since they are in a core class. Section B, the last section. A parent picks their child up from their public high school and drives them to a “released time” class at their local place of worship. While they are driving to the class, the parent’s car is hit by another car. The parent and child suffer injuries and the parent’s car suffers $4000 in damages. Can the parent successfully sue the public school district because the student was being transported to a class? Why or why not? What is the relevant subsection of Section 3313.6022 of the Ohio Revised Code that you used to address this question? No, they cannot sue the school’s public transportation. Subsection D.

A place of worship would like to rent out the school gymnasium during the school day during a time when no gym classes are taking place and conduct “released time” religious education classes in the gymnasium during the school day. Are they able to conduct “released time” religious education classes that will count for academic credit? Why or why not? What is the relevant subsection of Section 3313.6022 of the Ohio Revised Code that you used to address this question? No, a place of worship cannot. Section B subsection 5 states that no public funds are expended. TRUE or FALSE: Boards of Education / School Boards of public schools in Ohio are required to create a “released time” policy in order to comply with Section 3313.6022 of the Ohio Revised Code. False: they may adopt “released time” TRUE or FALSE: If a public school student misses a class in order to attend a “released time” class at their place of worship, they cannot be obligated to complete the work from their public school class that they missed due to the fact that they will be completing work at the “released time” class. False. They are expected to still do public school work that they missed. Assume that a time machine has been invented and that you are working as a paralegal on September 12, 2012. Your supervising attorney is representing a public school district that is being sued by a parent whose child attends a public high school within the district due to the fact that the school will not permit the child to miss their Home Economics class (which is an elective) at their public high school to attend a Home Economics class that is taught at the student’s place of worship and to receive academic credit for attending this course. The school district told the parent that they would be glad to permit this but that the Ohio Revised Code doesn’t permit them to do this. The parent states that this is indeed permitted under the Ohio Revised Code and that the Ohio Revised Code allows school districts to create a policy that permits students to attend classes of this nature and receive academic credit for doing so. Are they correct? Why or why not? According to Subsection B the school may authorize high school students to gain 2 units of high school credit. However, they are not permitted to allow students. It would depend on the school. CITY OF CLEVELAND CODIFIED ORDINANCES – RAILROADS You are working as a paralegal for a supervising attorney who specializes in advising railroads about their rights and responsibilities in the various cities through which they pass. Another paralegal—who is an alumna of the Tri-C Paralegal Studies Program—has located the relevant statutory section for you. It is linked in the folder. Please use this law to answer the following questions: Please use the relevant law that is linked in the folder to answer the following questions:

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help