Judge Joanie Justice, Who Is Newly Appointed to the Bench

question 81

Essay

Judge Joanie Justice, who is newly appointed to the bench, is presented with a question of law involving a cat named Tiger who scratched a neighbor's antique car. The neighbor, Carl, demands justice in the form of full payment from Tiger's owner, Stacy, and also requests that Tiger be shipped to the local animal shelter. Stacy says that she should not have to pay anything because Tiger had never scratched before, that Tiger should be allowed to stay in the neighborhood, and that Carl (who is a grump and never should have brought the lawsuit) should reimburse her for her legal fees. Judge Justice is perplexed. Judge Justice wants to make a good decision, especially since she is new to the bench. Explain how the judge should go about reaching a decision. Discuss in your answer the impact of cases from other jurisdictions, assuming there is no relevant law in Judge Justice's jurisdiction. Also, assuming there is relevant law in Judge Justice's jurisdiction, discuss the applicable legal standard when case law conflicts with a later passed state statute.

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Definitions:

Patents

Legal documents that grant inventors exclusive rights to their inventions, preventing others from making, using, or selling the invention for a certain period of time.

Years

Units of time used to measure duration, typically used as a standard period for comparing events, trends, and economic data.

Application

The act of putting something to use or the process of applying something, such as a theory or skill, in a practical or real-life scenario.

Technological Advance

The process of providing society with new and improved products and services through improved technology.