Reference no: EM131842274
§1. Write an argument that makes use of 2 fallacies. Try to make the argument as strong as possible (or one that looks like it is strong.) Your goal here is to use the fallacies in the most convincing way possible, so that if someone did not recognize the fallacies, they might be convinced by your argument.
§2. Create your own inductive argument with premises and a conclusion. Your argument must be strong. Briefly explain the factors that make your argument strong. Is your argument good overall? Why or why not?
§3. There are three primary ways to make a text based argument. Choose one and explain it. Then discuss an intra-type attack that can be made against the way you chose. Discuss what would make the intra-type attack successful and what would make it fail.
¦Plain Meaning
¦Canons of Construction
¦Intratextual
§4. Write out an inductive argument (premises & conclusion) that determines how the following cases should be handled using your knowledge of the three ways to interpret the text of the law: plain meaning, intratextual arguments, and the canons of construction. Do your best to make your argument strong and cogent. Remember that your argument is stronger if you support your position with more than one type of argument (ie: combine plain meaning & a canon of construction). Do not just provide the argument. You need to explain your argument and provide detailed reasoning for it, including an explanation of how the ways to interpret text factor into your argument.
4a: United States v John Brown Law: Federal law imposes an additional penalty on drug related crimes if a weapon is used during,
and in relation to, the drug related crime.
Case: John Brown offered to trade a switchblade to an undercover police officer in exchange for crystal meth. The police officer subsequently arrested Mr. Brown. He is being charged for drug trafficking, but he is also being assessed for the additional penalty.
Does the penalty apply to Mr. Brown?
4b: United States v Mrs. Green
Law: Section 1519 of the Sarbanes-Oxley Act of 2002: Destruction, Alteration, or Falsification of Records in Federal investigations and Bankruptcy
"Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both."
Case: In October of 2015, Mrs. Green was heading a crabbing expedition off the coast of Alaska when her vessel, the Magician, was boarded by Mike Johnson, an Alaskan official tasked with enforcing state and federal crabbing laws. Johnson noticed that several of the crabs on board the ship appeared to be smaller than the size required by federal regulations. Johnson measured all of the crabs on board the Magician and found that eighty-three crabs were undersized. Johnson issued a citation to Mrs. Green. Johnson then separated the eighty-three crabs out from the rest of the haul and instructed Mrs. Green to leave the undersized crab in their separate crate. When the Magician returned to shore, Johnson reviewed the crabs in the crate and noticed that many were now larger than he had previously measured. Johnson questioned the crew and they admitted that they had been instructed to throw the small crabs back and to replace them with larger ones.
Mrs. Green is being charged with violating Section 1519 of the Sarbanes-Oxley Act. Should she be found guilty of violating Section 1519?