Schauer Ch. 2

Question 1

Describe the difference between a rule and its rationale

Answer 1

A rule is a guideline or principle that governs behavior and its rationale is the justification for why the rule exists and is being applied

Question 2

Describe the possibility of conflict between a rule and its rationale

Answer 2

Conflicts can arise when the application of a rule is inconsistent with the justification of the rule

Question 3

Describe the difference between the “core” of a rule and the “fringe” of a rule

Answer 3

The “core” of a rule refers to its fundamental principles while the “fringe” involves exceptions to the rule

Question 4

Describe the reasoning and outcome of Stewart v. Dutra Barge Company

Answer 4

The Supreme Court ruled that the injured worker was not entitle to damages since they were precluded by the statutory schemes established by Congress

Question 5

Describe the reasoning and outcome of United States v. Kirby

Answer 5

The Supreme Court held that the forfeiture provision applied even if the smuggling occurred without the knowledge of the vessel owner

Question 6

Describe the reasoning and outcome of Riggs v. Palmer

Answer 6

The court held that the murderer was not entitled to inherit even though the victim’s will did not disinherit them