The Preamble to the Constitution of the United States - Admission/Application Essay Example

According to Constitutional Law Foundation (2013), the foundation of statutory law is based on the notation of moral laws under a code of law. In the United States, statutory law is written as set down by the legislature. The three arms of the government such as the executive, the judiciary, and the legislature depend on the statutory law, to govern the country. Statutory laws also involve the enactment of statutes from various arms of the government to protect the rights and privileges of citizens legislatures in national, state, and local municipalities ensure that they develop statutes that govern activities of their operations. Administrative law is founded on the basis of government agencies and the need to govern their activities. Rulemaking and enforcement become important aspects of administrative law in the United States.

Law and Justice (2013) write that common law involves case laws used by judges as references to their views when making court decisions. For example, statutes form part of case laws use by judges, to make decisions. Common law also involves Stare decisis, whereby judges are obliged to respect precedent set by prior decisions and case laws

Question 2

Kantian ethics were developed by Immanuel Kant (1724-1804). Kant argues that murder, theft, and lying are prohibited, even when they assist people to achieve happiness than the alternative (csus.edu, 2013). According to Kantian ethics, each person is expected to answer certain questions before engaging in murder, theft, and lying (Philosophy.tamu.edu, 2013). For instance, when everyone will object to the action, then there is no morality in the action to be performed. In addition, when actions do not respect the goals of humanity but using them for personal purposes, such actions must not be performed.

Sara, John’s lawyer did not act ethically according to the Kantian ethics. Lying is prohibited even when it is used to acquit John of theft charges.  Kant argues that human being performs actions to full fill their duty. Kant also argues that Human actions do not depend on the rightness or wrongness of actions. Sara’s actions were to fulfill the duty of acquitting John of theft charges. However, lying is immoral and cannot be justified. It is evident that Sara did not consider the rightness or wrongness of lying, but the duty of acquitting John of theft charges.

Kantian ethics also defines a good or bad person based on the motivation behind their actions, but not on the goodness of the consequences of their actions (Philosophy Lander, 2013). Sara can be described as a bad person because of the motivation behind lying. Sara lied to acquit John of theft charges thereby avoiding the consequences. The motivation behind lying makes Sara a bad person. Kant argues that the motivation of actions determines whether lying, murder, or theft is immoral. Further, Kant argues that the moral worth of human beings and their actions depend on their moral duties regardless of whether they liked the act. Sara’s duty is to acquit john of theft charges; therefore, she may possess moral worth in lying.

Question 3

Reckless driving jurisdiction is in North Carolina (Nhtsa.gov, 2013). Other states include Michigan and Delaware. Reckless driving in North Carolina involves a single-vehicle or multiple vehicle accident, which constitutes reckless driving. Reckless driving also involves overspeeding, whereby a charge of reckless driving is imposed on drivers and constitutes a crime. Further, a driving license in North Carolina can be suspended for driving speeds over 15 miles per hour above the limit of 55 miles per hour (Nhtsa.gov, 2013). According to The State of Delaware (2013), Delaware's reckless driving jurisdiction ensures that they control reckless driving under the influence of alcohol. Driving under the influence of drugs and alcohol constitutes serious consequences. High fines, jail sentence, 1-year driving license suspension can be imposed. North Carolina also prohibits reckless driving by speed over 80mph.

According to Muray (2013), the reckless driving case can be heard in federal court because federal prosecutors have jurisdiction to try individuals of drunken driving, reckless driving, and obstruction. Joe from Iowa and Sue from Oregon can settle the case in a federal court because their states may have conflicting jurisdictions. In particular, Joe may want the case to be settled in Iowa to reduce the number of damages while sue may want the case to be heard in another court where she can claim for damages. The federal court offers the best alternative for cases involving citizens from different states with different reckless driving jurisdictions.