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swat32
3 years ago
9

How do first amendment protections of freedom of assembly apply to private versus public property

Law
1 answer:
Blizzard [7]3 years ago
3 0

Answer:

No laws over assembling on private property, peaceful assembly on public property.

Explanation:

The First Amendment prohibits government from abridging "the right of the people peaceably to assemble." People are entitled to assemble and to speak and be heard, as long as they remain nonviolent. This basic freedom ensures that the spirit of the First Amendment survives and thrives even when the majority of citizens would rather suppress expression it finds offensive.

While the right to peaceful assembly is primarily intended to protect freedom of people to express themselves in public places, the courts have interpreted that, in some instances, this constitutional protection may be extended to private property as well.

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Molly Weasley bought a Great Lakes spa from Mundungus, a dealer who was selling spas at the state fair.
BartSMP [9]

1) The theory of product liability under which Weasley could have sued Mundungus to recover for Ginny's injuries is strict product liability.

However, the facts do not support such a claim because the negligence of Weasley caused Ginny's injuries. How could a child of six years be left alone in a spa?

<h3>What are the theories of product liability?</h3>

The theories of product liability, which involve injury or damage caused by a defective product, include negligence, breach of contract/warranty, and strict liability.

For strict liability to be imposed on Great Lakes, Weasley must prove that the tort occurred based on Mundungus' irresponsibility.  The question is, was Mundungus responsible for caring for Ginny or her mother?

2) The Privity of contract would not be required in a product liability case against Great Lakes. Since the spa is a product of Great Lakes while Mundungus sold it to Weasley, there is no basis for Great Lakes to deny privity of contract.

<h3>What is the privity of contract?</h3>

Using privity of contract as a basis of defense means that only parties to a contract have right to sue and be sued so that they can enforce the rights and obligations arising from the contract.

3) The six requirements that Weasley must meet for action in strict product liability against Great Lakes are proving that:

  1. The spa caused Ginny to be injured and not Weasley's negligence.
  2. The spa that injured Ginny was defective.
  3. The defect of the spa caused Ginny's injury.
  4. The defect of the spa made it dangerous for Ginny.
  5. The negligence arose from Great Lakes.
  6. Great Lakes breached the contract warranty.

4) The defenses to product liability that Mundungus or Great Lakes can assert are as follows:

  1. Weasley lacks the locus standi.
  2. No duty of care was owed to Ginny by Mundungus or Great Lakes.
  3. Weasley misused the spa through her negligence.
  4. Weasley must know the riskiness of abandoning Ginny in the spa.

Thus, none of the theories of product liability supports Weasley's case.

Learn more about the theories of product liability at brainly.com/question/17202560

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2 years ago
العمومية والتجريد والإلزام من الصفات المشتركة بين القواعد القانونية
aleksandr82 [10.1K]

Answer:

J2hwb3

Explanation:

Jdudnd hshssrhsuz

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what are some reasons to vote for Trump and what are some reasons to vote for Biden this election. NO BIAS.
Thepotemich [5.8K]

Answer: trump wants to secure our bodes and stabilize immigrants before we over flow and drown in dept      

biden wants to do work withen or country by helping senoir cizens

if you need why not to both then    Trump doent know how to bite his tongue and shutup that could lead to few proplems but

biden is a pedlafiler so pick ur battels.

hair sniffer or big mouth

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Which of the following is forcing many police departments to "do more with less"?
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We need the “following” options in order to answer the question. What are your multiple choice answers? The question is too broad to even begin to answer without what the question is aimed toward. I’m sure that you’ll get immediate response once you give the answer: “which of the following”, stated in the body of the question. Sorry.
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Does texas bill allows for death penalty for women who get abortions?
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No sir or ma’am sorry to tell you
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Read 2 more answers
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