A Kentucky Court Was Confronted with the Issue of Whether

question 5

Multiple Choice

A Kentucky court was confronted with the issue of whether a court has the power to permit a kidney to be removed from an incompetent ward of the state, on petition from his mother, for the purpose of being transplanted into his brother, who is dying from kidney disease.There is no statute or prior common law decision to guide the court.What can the court do?

• A) It must abstain from making a decision if there is no statute that permits the order, since courts can only interpret statutes and constitutional provisions.
• B) It can decide the issue but only if the decision is unanimous, because only unanimous appellate decisions have value as precedent.
• C) It must wait for the legislature to pass a statute, since common law courts do not have inherent power to determine what is the law and set precedents unless the Constitution is involved.
• D) It can decide the issue relying on the public interest, tradition, justice, and morality, even if there is no common law decision or statute governing the situation.

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Definitions:

Opportunity Recognition

The ability to identify and evaluate potential business or investment opportunities within the environment.

Economic Value

The worth of a good or service determined by the market forces of supply and demand.

Potentially Useful

Describes something that has the capacity to be of benefit or service, possibly aiding in solving a problem or fulfilling a need.

Group Brainstorming

A collaborative idea generation process where members of a group freely share and develop creative solutions or thoughts.