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Article II, Section I of the United States Constitution provides that the President must “take care that the laws be faithfully executed.” Presidents have used this authority to issue Executive Orders which are orders to federal agencies that are part of the Executive Branch and which contain detailed instructions on how laws enacted by Congress should be carried out. Does this provision of the Constitution allow a President to issue Executive Orders that directs federal agencies NOT to enforce specific laws that have been enacted by Congress? Has any ever issued an Executive Order that told a federal agency not to enforce a law?
In light of your understanding of the civil and alternative dispute resolution
(ADR) process, consider the following scenario:
Pete was seriously injured when the four-wheeled all-terrain vehicle (TV)
he was driving through the trails behind his house rolled over. As a result of his injuries, Pete is unable to work and has incurred $75,000 in medical bills. Pete has
filed a lawsuit against the ATV manufacturer to receive compensation for the financial harm resulting from his injuries.
Pete claims that the manufacturer defectively designed the ATV, causing it to have a tendency to roll over on rough terrain.
The ATV manufacturer claims that the ATV is not defectively designed
and that the rollover was caused by Pete driving at
an excessive rate of speed around a corner.
Consider the steps in civil litigation and ADR, and assess the factors that Pete and the ATV manufacturer will consider when deciding whether they should settle this lawsuit. If you were Pete’s lawyer, what resolution would you advise? Be
sure to consider the primary forms of ADR and all ADR factors described in the lesson and textbook.
Finally, research and select at least one case from an outside source to support your resolution to the ATV case. Your answer should be a minimum of 500 words. Cite any direct quotes or paraphrased material from these sources. Use APA
format to properly reference your information.