Exam (elaborations)
FOR3701 Assignment 2 (COMPLETE ANSWERS) Semester 1 2024 (725889) - DUE 26 April 2024
- Course
- FOR3701
- Institution
- University Of South Africa
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FOR3701Assignment 2
(COMPLETE
ANSWERS)
Semester 1 2024
(725889) - DUE
26 April 2024
, QUESTION 1 Question 1.1 Explain in your own words what the Lochner
principle is and who ‘discovered’ it. (3)
The Lochner principle refers to a legal doctrine that emerged from a controversial
U.S. Supreme Court case called Lochner v. New York (1905). The principle
essentially upheld the idea of economic liberty and freedom of contract, asserting
that individuals have the right to enter into contracts without government
interference, particularly in matters related to labor and employment. This principle
was named after the plaintiff in the case, Joseph Lochner, who owned a bakery in
New York and challenged a state law that limited the number of hours bakers could
work each week. The Lochner principle was "discovered" by the Supreme Court
justices who ruled on the case, particularly Justice Rufus Peckham, who authored
the majority opinion.
Question 1.2 Explain in your own words how the Lochner principle differs from
the Locard principle. (5)
The Lochner principle and the Locard principle are two distinct legal concepts with different
focuses and implications.
The Lochner principle, as mentioned earlier, revolves around economic liberties and the freedom
of contract. It emerged from the Lochner v. New York case and essentially holds that individuals
have the right to enter into contracts without undue interference from the government,
particularly in matters related to labor and employment. This principle emphasizes individual
autonomy in economic affairs and limits the extent to which the government can regulate
contractual agreements.
On the other hand, the Locard principle is a foundational concept in forensic science, named
after Dr. Edmond Locard, a French forensic scientist. This principle states that "every contact
leaves a trace," meaning that whenever two objects come into contact, there is a transfer of
material, whether it be fibers, hair, fluids, or other substances. Forensic scientists use this
principle to analyze crime scenes and evidence, understanding that perpetrators will often leave
behind traces of themselves and their activities.
In summary, while the Lochner principle pertains to economic liberties and contractual
freedoms, the Locard principle is about the transfer of material evidence in forensic
investigations. They are distinct concepts with different applications in law and forensic science.
Question 1.3 Is it possible to access the cell phone records of Mr Kroukamp?
Motivate your answer. (4) 3
Accessing Mr. Kroukamp's cell phone records would depend on several factors, including legal
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