14 Jun Does the 13th Amendment to the U.S. Constitution abolish slavery or legalize it
Question
1. In front of forty witnesses, I offered to give your classmate $100 for his birthday and your classmate accepted my offer. As you know, his birthday came and went and I did not give him $100. If he sues me for breaching the contract, will he win? Why or why not? What effect does the presence of all those witnesses have on the lawsuit?
2. Does the 13th Amendment to the U.S. Constitution abolish slavery or legalize it? How and why? What do you think about this?
3. In order for a person to be convicted of a crime, the prosecutor must prove to a jury, generally, that the person is guilty beyond a reasonable doubt. In order for a person to been found to have committed a tort, the plaintiff must prove that the person’s action was more likely than not the cause of the injury. In both kinds of trials, the burden of proof is on the prosecutor or plaintiff even though the standard of proof is different: “beyond a reasonable doubt” in a criminal case and “more likely than not” in a civil (tort) case. Please answer the following questions: Why do we, as a society, require the prosecutor or plaintiff prove the allegations rather than requiring the defendant to respond to the allegations and prove his innocence? Why do we, as a society, require that the determination that a crime was committed be made by a much stricter standard than proof of a tort?
4. Roy offered Ann $100 to drive him to New York City from Boston. Ann said, “I will do it for $200.” Roy said nothing. On the agreed upon day and time, Ann drove Roy to New York City. How much money does Roy have to pay Ann? Why? Does this seem fair to you?
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