UNIT 3 ASSIGNMENT1

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Pennsylvania College Of Technology *

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MISC

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Law

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Jan 9, 2024

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UNIT 3 ASSIGNMENT PART I – Locating statutes and regulations Use WestLaw to find statutes and regulations to answer the following. Give a citation to your answer. Remember that citations appear under the section you find on WestLaw and look something like this: For statutes: 18 U.S.C.A. §111 (U.S.) or 18 Pa.C.S.A. §3929 (Pa) For regulations: 21 C.F.R. §135.115 (U.S.) or 7 Pa. Code §16.22 You can type “sec.” for the § symbol Using United States Code Annotated , find and give a citation to a federal statute about: 1. Copyright fair use 17 U.S.C.A. sec 107 Limitations one exclusive Rights: Fair Use 2. Contributory negligence 46 U.S.C.A. sec 30.304 Formerly cited as 46 App. USCA sec 766 Using Pennsylvania statutes , find and give a citation to a statute about: 3. How pregnancy affects a living will 20 Pa.C.S.A. sec 5429 4. Jurisdiction of district justices 42 Pa. C. S. A. sec 1515 Using the Code of Federal Regulations , find and give a citation to a regulation about: 5. The definition for hazardous waste 40 C. F. R. sec 261.3 6. National origin discrimination in the workplace 29 C. F. R. sec 1606.1 Using Pennsylvania regulations, find and give a citation to a regulation about: 7. Ice cream 7 Pa. code sec 39.12 8. Employment of minors 34 Pa. code sec 17.18
PART II – Interpreting Statutes Type 75 Pa.C.S. §3712 into the search bar on the main page of WestLaw and search. Read the 3 Pennsylvania statutory sections which appear. Then read the following scenario and answer the questions, giving a citation to your answer . Sec. 3712 Abandonment of Vehicles Bob’s care dies one day while he was driving along a back country road. He managed to push the vehicle off the road into a farmer’s field and called a friend on his cell phone to pick him up. Although he wanted to ask the farmer if it was alright for him to leave the car in the field, his friend arrived before he was able to do so. 1. Has Bob violated any provisions of the Motor Vehicle Code? Yes, but 75 Pa. C. S. A. sec 3353: Unattended vehicle on private property because the vehicle is disabled. 2. If so, what penalty if this is his first offense? The first offense is commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $500 plus all costs of disposing of the vehicle under the provisions of ch.73. 3. What if instead as he is leaving with his friend, Bob sees the farmer and motions that the car is his. The farmer gives the “thumbs up” sign. 75 Pa. C. S. A. sec 3712 States that “No person shall abandon a vehicle upon any public of private property without the express or implied consent of the owner or person in lawful possession or control of the property. 4. What if in the process of pushing the car, Bob damaged some of the farmer’s corn crop? Any person who abandons a vehicle on private property may be ordered to pay restitution for any damages sustained by the owner or other person in control or possession of the by real property where the vehicle was abandoned. 5. Bob returns later to remove the GPS device mounted to the dashboard until the car can be removed the next day. Has he committed the offense of “stripping an abandoned vehicle?” No, because 75 Pa. C.S.A. sec 3712.2 states that the owner of the vehicle is an exception to the Statute.
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