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Surname 3 Discussion1

Ithas been said that the U. S. Constitution is a “living document”—that is, one that can adapt to changing times. Do you think this is agood policy? Or should the U. S. Constitution be interpreted narrowlyand literally, as originally written?&nbsp

Althoughsome legal scholars advocates for an “originalist” view of the USconstitution, it is clear that the constitution is a“living document”. By doing so the constitution is able to caterfor changes in social sentiments and moral standards such as the onthe rights of prisoners among others. This would not be possible ifthe constitution is just interpreted as its author understood it.


Themajority of the states and the federal government in the UnitedStates permit the death penalty to be imposed for many heinouscrimes. The country of France, however, has abolished the deathpenalty in all cases. Most developed countries have extraditiontreaties with each other whereby one country can, through an officialprocedure, request and obtain a person located in another country tobe returned to stand trial in the country seeking the extradition.France, however, will not extradite a person in France to the UnitedStates or elsewhere where the death penalty could be imposed. Over120 countries in the world, either by law or practice, do not imposethe death penalty. The death penalty remains a controversial issue inthe United States as well as many foreign countries.


Doyou feel France should extradite someone charged with a crime to theUnited States or anywhere else the death penalty could be imposed?

Asa part of promoting human dignity, France abolished death penaltyunder the Act of 9 October 1981. As a result of this commitment,France should not extradite a person charged with crime to anycountry where death penalty is practiced. This is owing to the factthat if this is done, it will be against their constitution statingthat that no one should lose life through sentenced to death, thusundermining their commitment as well as those of other civil rightsmovements.


CriticalLegal Thinking

Doyou agree with the law that requires an engagement ring to bereturned to the giver, no matter who breaks off the engagement?Explain.&nbsp

Althoughmost of the Western countries follow the conditionalgift approach in the award of an engagement ring to the giver uponbroken engagements, I strongly oppose this idea. This is due to thefact that although the ring of engagement is a conditional gift, thereceiver already met the condition by answering to the proposaloffered that is to enter into an engagement. Secondly, there arecircumstances where a ring is offered as an appreciation. For examplewhen a woman receives a ring as a result of offering her fiancémoney to start or improve a business. It is with this reasoning thatengagementring should not be automatically returned to the giver, no matter whobreaks off the engagement.

Discussion4 – Contemporary Business

  • Are guaranty contracts often used in business?

Theguaranty contracts are still in use in much business across the globeespecially where the party receiving the goods or services from abusiness is likely to default.

  • Can you think of a situation in which a guaranty contract would be required?&nbsp

Aguaranty contract would be useful where people from poor backgroundsare making a purchase such as when buying a house, car among others.Due to their poor credit worthiness, a guarantor would be heldaccountable in case of a default in payment. Students seeking studyloans are also guaranteed by their caregivers.

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