Only a WORD file should be submitted. When creating the WORD file for upload please name the file using the following convention: student ID number, then a space, then your section day ("Monday" or "Thursday"), then a space, then the words "Writing Exercise Number 1".
Do not place your name on the essay or in the name of the file.
This exercise does not require you to do any research, and does not require you to cite to any references or external materials.
Like many legal and policy questions, the question you must answer for this exercise does not have any right or wrong answer. Your answer will be graded on your use of reasoning and argument, and clarity of writing.
In answering the question, follow carefully the principles set out in the class handout, "Handout on Legal Reasoning and Writing," and subsequently discussed in class. Use the following rules in making your arguments:
1) Do not argue that oysters are not animals. Oysters are animals, in the phylum Mollusca.
2) Do not try to change the facts. Take the facts only as provided.
3) Do not make up facts. Use only the facts provided. For example, do not argue that Mr. LaLumier did not know about the rule. To argue this would require making up a fact, because we are given no information about his knowledge of the rule. Another example: Do not argue that Mr. LaLumier did not intend to break the rule. To do so would require you to make up a fact, because we are not given any information about Mr. LaLumier's intent.Yet another example: Do not make arguments based on the intent of the rule. To argue this would require making up a fact, because we are given no information about the intent of the rule.
This is a take-home, open-book, open-computer examination. However, all your answers must be solely your own work. Cheating and plagiarism may carry serious consequences. See http://www.sph.emory.edu/current_students/enrollment_services/honor_code.html.
The South Caledonia Rail System has the following official rule on its books:
"Live animals of greater than six pounds in weight shall be allowed on train cars if the master of the animalpurchases a full-fare ticket. Live animals that weigh 6 pounds or less may be carried on a train car in a bag or basket if the master of the animal purchases a half-fare ticket for each animal."
Mr. Lance LaLumiere, who had purchased a full-fare ticket for himself,was discovered by the train conductor to be carrying seven live oysters in a basket. Together and separately the oysters weighed less than six pounds. LaLumiere intended to eat these for his lunch on the train. He had not purchased a ticket for any of the oysters and he was fined $500 for transporting live animals under 6 pounds in weight without purchasing a ticket.
He is appealing the fine in court.
You are helping Mr. LaLumier'slawyer. He will argue that Mr. LaLumier did not break the rule. Please select the one best argument for this defense and analyze it. In writing your essay, use the techniques described in the class handout called, "Handout on Legal Reasoning and Writing."