Assignment 8

M.L. King used an example about a  law being enforced when Nazis captures the Jews.  For instance: It was illegal to hide Jews in one’s home from the Nazis. But, if one hid a Jew although it being illegal, one saved a life: Jews that would get caught would be send to and imprisoned in camps or even a death camp. M.L. King stated that a law such as that is an unjust law he explains. For different reasons: It demoralize the individual, it makes a distinction between different ‘groups’ of people. He considered it to be the moral responsibility of people to ignore such law.   
M.L. King also argues about the Legal Positivist segregation laws  and stated whether a law is or is not a law is separate question from whether a law is good or bad. The only source of law is “positive law” which is simply "man made laws" and denies the concept of Natural Law.M.L. King imprisonment refute Augustine's statement because Augustine state "Right is right even if no one is doing it; wrong is wrong even if everyone is doing it. " Whether the moral of the person is right, law is a law even if it is unjust.

Assignment 7

1. Robert H. Jackson supports Charter of London which had three parts of crime. War crime, Crime against peace, and crime against humanity. Robert Jackson was a prosecutor for Nuremberg Trial and believed that the Nazi soldiers should know what is humane and the morals of what is right or wrong. Jackson also stated that they should be punishable for all the death of the Jews.

2. Charles Wyzanski’s claim that the Nazi soldiers were given an order and has to follow whether it is moral or not. Wyzanski in a way implies that when a person becomes soldier, he is fighting for  his people and his country. Nazi soldiers were following their order and it was their duty. Their morals cannot interfere with their command from the leaders.

Part II

3. I do agree with the sentence of Graner. His act shows no remorse or empathy against another human. We simply don't know how many prisoners he had commit this heinous act. To take picture and smiling shows he had done this several times. His duty is to serve for a country, but that does not mean to demoralize humans and treat them in an animalistic manner. Graner’s action made himself seem that is was righteous by grinning. How does making those men humiliate themselves a part of a job? What do Graner or the captain earn for doing such act? They have abuse the power and the superior leaders should also be held accountable.

Assignment 6

1. The difference between criminal law and tort law is that tort law brings the suit who is directly injured. The punishment is usually payment for the damage done to the person. In Criminal law, the prosecution is by the government. The punishments may be fine or jail.
2. Negligence is failure to care for the safety and welfare for others. Strict Liability is a liability without the proof of the fault. The person engages the activity that carries risk of injury. Strict liability offences are those that do not require proof of mens rea.
3. Causation is the relation between an event cause and a second is effect. One of the example is that Rinaldo V. McGovern, the defendant hit a golf ball but does not say “fore”. The ball hits the plaintiff’s car even is the defendant didn't give the warning the plaintiff would not hear the warning the plaintiff would not hear the warning the plaintiff would not hear the warning that is not the cause of the plaintiff injuries.
4. Legal Causation is similar to cause and effect of an act or omission and damages alleged in a tort or personal injury action. Causation can be established if the damages or injury would not have caused but for the conduct of the defendant. For example, the driver drove 30 miles over the speed limit in a residential neighbourhood for 2 miles. The driver began to drive at a proper rate of speed. Few minutes later, he hits a pedestrian who was crossing the street. Was the driver’s conduct in driving aver the speed limits a cause for the pedestrian’s injury? Yes, because if the driver obey the speed limit he would not be there in that time to hit the pedestrian.
5. Lynch got injure because of Fisher parking the truck dangerously. The court ruled that Fisher is at fault for Lynch’s injuries. I agree with the decision because if Fisher hasn't parked the truck that way, Lynch would not be there in that time or place to get shot by Gunter.
6. In the case Palsgraff vs LIRR, the court ruled that LIRR was not guilty for the injuries of Palsgraff. I agree with the decision, if the firework was not there, Palsgraff would not be injured. The man bringing the firework should be held accountable for injuries because he has brought them to the train which cause the explosion.