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Business Law Questions - Essay Example

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The case of Mamie Manneh’s arrest for consuming monkey meat poses a conflict that could be contested on the basis of the violation of Manneh’s First Amendment right to freedom of religion. The First Amendment to the Constitution of the United States prevents the…
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Business Law Essay Questions
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Business Law Questions

Download file to see previous pages... at is a part of her religious tradition and the eating of bush meat is a standard religious practice for the African tribe Manneh belongs to, because they consider it as nourishment for their souls.
As opposed to this the U.S. Fish and Wildlife Agency has a duty to protect wild animals so that they are not endangered or made extinct and have arrested Manneh on charges of smuggling monkey meat. Her arrest may be in violation of her first amendment right to freedom of religion and the action of the federal agency amounts to prohibition of that right. Moreover, under the Fourteenth Amendment’s, equal protection must be provided to all citizens, therefore protection must be provided to Manneh’s religious practices in the same manner that others’ religious rights and practices are respected. A strict scrutiny test will be applied by the Courts in assessing violations of fundamental constitutional rights and the right to freedom of religion is one such constitutional right. Over and above this, Manneh also belongs to a minority race which will further invoke the strict scrutiny doctrine.
It may however be possible for the federal Agency to demonstrate a compelling state interest in this matter, since the preservation of wildlife and the containment of sources of diseases such as HIV and SARS may be adequate justification for their action in curtailing a harmful religious practice.
DiMaggio could be charged under the provisions of criminal law of battery because he has hit and threatened his girl friend. He can also be charged for aggravated assault for slapping her several times and hurting her. He will also be guilty of homicidal violence and intent for his actions in almost burning his girlfriend’s face and threatening to shove the burning lighter down her throat.
These criminal provisions in the law can be exercised against DiMaggio, because it will be possible to establish the mens rea of intent to harm and even kill his girlfriend, according to his ...Download file to see next pagesRead More
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