IRAC analysis2.docx - ACCT 261 IRAC analysis Maria v Hayes...

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ACCT 261IRAC analysisMaria v. HayesIssue(s)The issue in this case is whether the Superior Court for Grant Country has authority to grant a petition for sterilization of a severely mentally retarded person. As we known, Edith Melissa Maria was born severely mentally retarded, and her mother Sharon Hayes appealed to the court for appointing her as the guardian of Edith's person and specifically authorizing a sterilization procedure on Edith. The court denied the permission of Hayes because of humanitarianism. Petitioner appealed that the court’s conclusion had no authority of a mentally retarded person. Rule(s)Rule1According to re Hudson, 13 Wn.2d 673, 697-98, 126 P.2d 765 (1942). The court has long recognized the inherent power of the superior court “to hear and determine all matters legal and equitable in all proceedings known to the common law”. There exists the judicial power to act. Inthis case, the Superior Court did decide on this case. I also want to point that, “in the exercise of the police power, the legislature has provided for sterilization of certain criminals, evidently
upon the mistaken belief that the tendencies exhibited by such criminals are inheritable” *243 (RCW 9.92.100).

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