Author Question: A Kentucky court was confronted with the issue of whether a court has the power to permit a kidney ... (Read 50 times)

jjjetplane

  • Hero Member
  • *****
  • Posts: 556
A Kentucky court was confronted with the issue of whether a court has the power to permit a kidney to be removed from an incompetent ward of the state, on petition from his mother, for the purpose of being transplanted into his brother, who is dying from kidney disease. There is no statute or prior common law decision to guide the court. What can the court do?
 
  a. It must abstain from making a decision if there is no statute that permits the order, since courts can only interpret statutes and constitutional provisions.
  b. It can decide the issue but only if the decision is unanimous, because only unanimous appellate decisions have value as precedent.
  c. It must wait for the legislature to pass a statute, since common law courts do not have inherent power to determine what is the law and set precedents unless the Constitution is involved.
  d. It can decide the issue relying on the public interest, tradition, justice, and morality, even if there is no common law decision or statute governing the situation.

Question 2

The expressive-collaborative model of ethical decision making is based on the concept that
 
  a. there are universal codes to guide decision making that can be explicitly expressed.
  b. there is an agreed-upon moral code that applies to all situations.
  c. moral life is a continuing negotiation among people.
  d. the resolution of a moral problem can be expressed as a solution.



meltdown117

  • Sr. Member
  • ****
  • Posts: 326
Answer to Question 1

D

Answer to Question 2

c



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
 

Did you know?

The most dangerous mercury compound, dimethyl mercury, is so toxic that even a few microliters spilled on the skin can cause death. Mercury has been shown to accumulate in higher amounts in the following types of fish than other types: swordfish, shark, mackerel, tilefish, crab, and tuna.

Did you know?

Patients who cannot swallow may receive nutrition via a parenteral route—usually, a catheter is inserted through the chest into a large vein going into the heart.

Did you know?

For about 100 years, scientists thought that peptic ulcers were caused by stress, spicy food, and alcohol. Later, researchers added stomach acid to the list of causes and began treating ulcers with antacids. Now it is known that peptic ulcers are predominantly caused by Helicobacter pylori, a spiral-shaped bacterium that normally exist in the stomach.

Did you know?

The National Institutes of Health have supported research into acupuncture. This has shown that acupuncture significantly reduced pain associated with osteoarthritis of the knee, when used as a complement to conventional therapies.

Did you know?

Cyanide works by making the human body unable to use oxygen.

For a complete list of videos, visit our video library