Intro to Law Final

Intro to Law Final - Aaron Bayliss Pol 201 Intro to Law...

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Aaron Bayliss Pol 201 Intro to Law Final 1. In the scenario we have at hand we first see that there is a minor involved, thus establishing the need for a guardian ad litem . This need is furthered by the fact that the mother is seeking a petition to sterilize the daughter. We now see that the judge failed to follow the correct procedure to grant the petition, it is also clear that the judge erred by granting the petition without ever having a hearing to argue the state’s power in allowing the sterilization of a minor. Secondly, a state psychiatrist was never contacted to examine the mental health of the daughter to check the extent of her mental illness. The question of whether the judge can be immune under the circumstances is clear-cut in that she cannot since she is the one who failed to follow proper procedure. It was also shown in Strunk v. Strunk , that the state does not have the power to grant the removal of any organ from an incompetent. Thus, it can be assumed through that judgment that it would also pertain to the sterilization of a minor and/or incompetent. The reasoning behind this is that a guardian ad litem must be appointed to argue for the minor’s interests and it could be argued that sterilization in essence is the removal of the ability to reproduce. The case against the mother could be brought in a few different manners; the daughter could claim negligent infliction of emotional distress, fraudulent misrepresentation, and loss of consortium (for both the husband and
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This note was uploaded on 04/01/2008 for the course POL 201 taught by Professor Berg during the Fall '07 term at Detroit Mercy.

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Intro to Law Final - Aaron Bayliss Pol 201 Intro to Law...

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