Assumptions:
Both the Act and the defendant’s case around which this Test is constructed are located within the legal system of the imaginary state of Verland.
It is assumed that you do not know any law. If you think you do happen to know some relevant law, you must ignore it and deal with this Test entirely on its own terms. The only law you should consider is the Public Advertisement Regulation Act.
The Law:
The Public Advertisement Regulation Act includes the following provision:
Section 1: It shall be deemed an offense, punishable on conviction by a fine not exceeding five hundred Verlandic dollars, to engage in any form of commercial advertisement or promotional activity within the premises of a public park owned by the Verlandic government.
The Defendant’s Case:
The defendant, Ms. K, is an artist known for her unique sculptures. On a certain day, she visited a public park owned by the Verlandic government and placed small cards containing information about her upcoming sculpture exhibition on benches and tables scattered around the park.
The Verlandic government, acting as the public authority for the purposes of the Act, initiated legal proceedings against Ms. K, alleging that she had violated section 1 of the Public Advertisement Regulation Act by engaging in promotional activity within the public park.
Ms. K's defense argued that the section was primarily intended to prevent individuals from setting up commercial stalls or erecting large banners within public parks for direct advertising purposes. She contended that she had merely left informational cards for park visitors to peruse at their leisure, akin to leaving flyers on community bulletin boards.
Questions:
Question 1: Based on Ms. K's case, would you convict or acquit her? Provide your reasoning and interpretation of the Act.
Question 2: Rewrite the relevant section of the Act as you see fit to explicitly include the scenario of leaving informational cards in a public park as an offense.
Question 3: Reflecting on your experience with this exercise, what aspect did you find most challenging, and why?
Question 4: Why are you interested in pursuing the
Certificate of Higher Education in Common Law (CertHE Common Law)? Please
outline your motivations, educational background, professional experience, and
current roles relevant to this pursuit.
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