Question

Mark's state legislature passed a law that requires restaurant employees to receive four hours of first aid training that must include instruction on the Heimlich maneuver. The law also requires that employees take reasonable efforts to provide assistance to any customers who experience a health emergency at a restaurant. Mark, a restaurant server, received the required training but did nothing to help a customer who choked on his food at Mark's restaurant. When Mark is charged with violating the statute, he argues that he did not believe that choking qualified as a health emergency. How will the court interpreting the meaning of "health emergency" in this statute?

Answer 1

Answer:

By using the plain meaning rule because "health emergency" has an ordinary meaning to the general population.

Explanation:

Answer 2

Answer:

By using the plain meaning rule.

Explanation:

The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute.  The plain meaning rule is the mechanism that prevents courts from taking sides in legislative or political issues.

Choking is a blockage of the upper airway by food or other objects, which prevents a person from breathing effectively. Choking can cause a simple coughing fit, but complete blockage of the airway may lead to death. Choking is a true medical emergency that requires fast, appropriate action by anyone available