LSTD – How would the legal dilemma(s) posed

1 Week LSTD

1. How would the legal dilemma(s) posed in this scenario likely be resolved if no Constitution existed?  Does what you imagine seem impartial and/or fair to all parties? 

2. You are a paralegal assigned to assisting Sandra’s lawyer.

Further assume that the lawyer for whom you work wants you to outline the basic arguments that should be made for the respective client (either Sandra or Sam).  Upon what resource(s) did you rely in your proposed legal argument?

Note that the First Amendment protects against governmental actions, not those of private individuals.  Also, what is the law that gives First Amendment rights to corporations? 

3.  Do you agree with corporations having First Amendment rights?  Why or why not?  Do you think that corporations should be able to impose the religious beliefs of the owners on the employees and not be subject to restrictions like Title VII? What if Sam was a Scientologist?  What if Sam was a member of a religion created by his cousin?  How do you know if a religious practice is protected?  Does the US need a constitution or not?  Why?

Explanation & Answer

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