In Eastern Associated Coal Corporation v. United Mine Workers of America, District 17, James Smith worked for Eastern as a member of a road crew, a job that required him to drive heavy trucks on public highways. In March 1996, Smith tested positive for marijuana. Eastern sought to discharge Smith. In July 1997, he again tested positive for marijuana. Eastern again sought to discharge Smith. The District Court, while recognizing a strong regulation-based public policy against drug use by workers who perform safety-sensitive functions, held that Smith's:
A) conditional reinstatement violated the public policy.
B) conditional reinstatement did not violate public policy.
C) use of marijuana amounted to substantial continuity of identity in the business enterprise.
D) use of marijuana amounted to just cause for discharge.
Question 2
For a person to be found guilty under a criminal statute, the jury must find the evidence presented demonstrates:
a. beyond all doubt that the person committed the crime
b. by a preponderance of the evidence that the person committed the crime c. beyond a reasonable doubt that the person committed the crime
d. more than a modicum of doubt exists that the person committed the crime e. none of the other standards apply in a criminal case
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